Texas sued the Biden administration after it said agents would prioritize recent border crossers and public safety threats for deportation. The Supreme Court appeared conflicted about whether the policy priorities conflict with Congress’s instructions.
, through terrorism or espionage, or who were designated as egregious threats to public safety. The Trump administration had a far broader policy that allowed removal of those in the country illegally regardless of criminal history or how long they had lived in the community.Prelogar and several liberal justices noted Tuesday that the guidelines were just that, giving the nation’s 6,000 ICE agents discretion to decide which unlawful immigrants posed the most pressing threats.
But Chief Justice John G. Roberts Jr. wondered what the court should do if it decides “shall means shall.”“It’s our job to say what the law is, not whether or not it can be possibly implemented or whether there are difficulties there,” Roberts said. “And I don’t think we should change that responsibility just because Congress and the executive can’t agree on something . . . I don’t think we should let them off the hook.
Justice Brett M. Kavanaugh also wondered whether anything would change should Texas prevail. “There are never enough resources — or almost never enough resources — to detain every person who should be detained, arrest every person who should be arrested, prosecute every person who has violated the law,” Kavanaugh told Stone.
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