SCOTUS Immigration Hearing

The US Supreme Court heard arguments yesterday over how to enforce the country’s immigration law in a case that could limit the government’s ability to prioritize the deportation of certain groups of unauthorized immigrants. It may also impact the extent to which states have the legal right to sue the government (see 101).

The case focuses on a September 2021 government directive prioritizing the arrest and deportation of individuals who pose a threat to national security or public safety. A federal Texas court temporarily blocked the policy in July after a group of Republican attorneys general sued, arguing the policy violates federal law by preventing authorities from detaining those with criminal convictions. The states argued they have a right to sue because of financial harm from the policy, including the cost of public benefits. See a case breakdown here.

The case comes months after another immigration dispute, in which the justices ruled the government could terminate a Trump-era “Remain in Mexico” program.

The 6-3 conservative majority is expected to make a decision next year.