Today, the Supreme Court will begin hearing arguments in the case United States v. Texas. This case, which has also been brought by Louisiana, has the potential to upend federal immigration policy.
Last year, the Department of Homeland Security issued a memorandum regarding the enforcement of civil immigration law. The Head of DHS, Alejandro Mayorkas, urged immigration enforcement to use “discretion” when it comes to removing noncitizens, and to not target undocumented immigrants that have otherwise been upstanding citizens.
“The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them,” Mayorkas wrote in the memo. “We will use our discretion and focus our enforcement resources in a more targeted way.”
Texas, led by indicted Attorney General Ken Paxton, and Louisiana sued. A U.S. District Court Judge, appointed by Donald Trump, vacated the policy directive from Mayorkas in July. After an appeal from the Biden Administration, the Supreme Court rejected to reverse the hold in a 5-4 vote. However, the Justices announced they would hear oral arguments in the case.
Recently, several Republican members of Congress, including potential new Speaker of the House Kevin McCarthy, held a press conference at the border in Texas. McCarthy implored Mayorkas to resign or face potential impeachment proceedings in the U.S. House.
Photo by Kevin Dietsch