The High Court voted 5-4 to put off a actual judgement call on a order from a Texas court that ICE and Custom Border cops should deport ANY undoucumted person they encounter….
I doubt this stuff will have much of any effect out in the field….
Federal have vast discretion in doing their duty….
They will probably still do so in Federal immigration situations….
First of all?
The immigration system cannot handle EVERYONE being detained….
Second of all….
If the admin REALLY doesn’t want you to do this?
Why would you?
It’s NEVER been done…..
The vote was 5 to 4. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson indicated they would have granted the administration’s request to put the lower court ruling on hold and allow the administration to go forward with its policy while deciding the merits of the case….
In September, the Department of Homeland Security directed U.S. Immigration and Customs Enforcement (ICE) officers to prioritize the detention of recent border crossers and immigrants who pose a threat to national security and public safety, and to consider giving a break to immigrants with mitigating factors, such as farmworkers picking crops and grandmothers caring for American children.
Homeland Security Secretary Alejandro Mayorkas said that being present in the country without authorization “should not alone be the basis” for arrest or removal, a switch from the Trump administration’s view.
Republican attorneys general across the country filed suits, and those in Texas and Louisiana were successful. Judge Drew Tipton in Texas agreed with the argument that the policy burdened them with the costs of immigrants’ education, health care and other services, and ignored federal laws that require ICE to detain and deport immigrants who commit serious crimes or have been given a recent deportation order.
Tipton, appointed to the bench by President Donald Trump, sided with the states and vacated the ICE priorities, leaving the agency without any operational guidelines….
Federal laws require ICE to detain immigrants with serious criminal records and anyone with a final deportation order with the goal of deporting them within 90 days. But such enforcement has never materialized….