Last time I looked the Federal Government IS in charge of Immigration Enforcement Policy……
The state’s do NOT set this……
This court has gone out its way to0 tell the Federal Government to stay out the state’s business…
The Supreme Court on Tuesday wrestled with an effort by the Biden administration to reinstate guidance that directed federal officials tasked with enforcing the nation’s immigration laws to prioritize public safety threats.
During more than 90 minutes of argument, the justices heard sparring between lawyers for the U.S. government and Texas over whether executive branch officials have the latitude to focus enforcement actions on certain groups of undocumented immigrants over others.
At issue was a Department of Homeland Security (DHS) policy — which was invalidated by a lower court — that instructed immigration officers to most vigorously pursue the arrest and removal of undocumented immigrants who pose a threat to public safety or national security.
During Tuesday’s argument, that policy ran headlong into sharp questions over just how literally Congress meant the word “shall” in describing federal officials’ duties to detain broad populations of undocumented immigrants under the Immigration and Nationality Act (INA).
U.S. Solicitor General Elizabeth Prelogar said it would be “impossible” to apply the law in a strictly literal sense that allowed no discretion. According to a DHS estimate, more than 11 million people in the U.S. are undocumented or considered “otherwise removable.”
“Make no mistake, it is impossible for DHS to comply with each and every ‘shall’ in the INA as truly a judicially enforceable duty,” she told the justices, adding that it would mean “we wouldn’t have the resources or ability to go after those individuals who are threats to public safety, national security and border security.”
Several justices appeared sympathetic to the government’s claim that it lacked the resources to apply the INA’s language strictly across the board….