Today the U.S. Supreme Court handed Texas another victory in denying the Biden Administration’s request to stay a lower court’s vacatur of an unlawful Department of Homeland Security (DHS) memo. As a result, the Administration must continue to follow the law while it awaits further legal proceedings.
This case arises out of a federal district court’s vacatur of a DHS immigration enforcement priorities memo. The judge concluded that memo is contrary to law, arbitrary and capricious, and procedurally unlawful for failing to go through notice-and-comment procedures. The core of the case is about certain immigration statutes, which say that DHS “shall” detain aliens with certain criminal convictions and those with final orders of removal. Rather than abide by these statutes, DHS chose to follow their own contrary directives, which don’t require detention of those aliens.
After Texas won in federal district court, the Biden Administration sought a stay in the Court of Appeals, which was denied. The Administration then went to the Supreme Court, which denied their request and set oral argument on the merits for December 2022.
“The Biden Administration just can’t help itself from breaking the law—especially immigration law,” said Attorney General Paxton. “They have begged every court up to the Supreme Court to let them off the hook, and every time the court says ‘no.’ Today the Supreme Court made clear that, while we prepare for oral argument this winter, the Biden Administration must detain illegal aliens with criminal convictions. It’s the right legal decision, and it’s what’s best for Texas and our nation.”
To read the SCOTUS order click here.