The Supreme Court has just handed the Biden administration a major win in an immigration case.
In an 8-1 ruling, the Supreme Court found that Republican states did not have standing to challenge a narrowing of Immigration and Customs Enforcement (ICE) priorities for arrests and deportations of illegal immigrants.
Justice Samuel Alito was the sole dissenting justice.
“In sum, the States have brought an extraordinarily unusual lawsuit. They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this,” the opinion, written by Justice Brett Kavanaugh, said.
“The fact an individual is a removable noncitizen therefore should not alone be the basis of an enforcement action against them,” DHS Secretary Alejandro Mayorkas said in the memo. “We will use our discretion and focus our enforcement resources in a more targeted way. Justice and our country’s well-being require it.”
The case, U.S. v. Texas, involved the issuing of new enforcement guidelines by the Department of Homeland Security. After initially attempting to impose a 30-day moratorium on all ICE deportations, the department issued guidance that restricted ICE agents to target three types of illegal immigrants for arrest and deportation: recent border crossers; threats to public safety; and national security threats.
Texas and Louisiana challenged the legality of the guidelines, arguing that the policy breached the Administrative Procedure Act.
However, the high court disagreed: “The threshold question is whether the States have standing under Article III to maintain this suit. The answer is no.” The opinion said that while monetary costs are an injury, the injury to allow standing must also be “legally and judicially cognizable.”
It also clarified that it was not stating that states may never have standing over an alleged failure to make more arrests or prosecutions – including if the Executive Branch “wholly abandoned” its responsibilities in this regard — but not in this case.
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“lack of standing” has got to be the lamest excuse in the judicial lexicon – after all it seems to be their default cop out when they are placed in a position where they ‘might’ have make a ruling, and validate it.
The idea that the – constitutionally superior – States lack standing to sue the – constitutionally inferior – feds is absurd. But it’s a ruling BY the federal government FOR an overreaching federal government, so should not surprise.
The Constitution only works as designed if the governors tell the Feds to piss up a rope each and every time the Feds color outside the enumerated lines, or tell the states they cannot discipline their creation.
This is similar to the absurdity of the invented out of whole cloth utter nonsense of “incorporation,” which is exactly analogous to the children forcing the parents to abide by a bedtime the parents created for said children and represents the complete destruction of the entire foundation of America: states rights, while annihilating the Tenth Amendment.
If Texas has no standing and the U.S. Government refuses to control this colossal crush of U.S. and Texas laws, only the citizens remain. I’m sure this logic also is not lost on those in other states. Seems reasonable that citizens would brandish their arms whenever threatened by such criminals.
And unarmed citizens are rushing to arm themselves and voice complaints with their municipal leaders. Perhaps with one exception, our government finally has triggered domestic wars not unlike those in Africa and the Middle East. The exception of course is about 72 million adult U.S. citizens own almost 400 million firearms.
Seems impossible that so many illegal aliens would be willing to break U.S. laws in plain sight. But perhaps these five million illegal aliens trust that lawful U.S. citizens won’t shoot them. On another level, more than 600,000 “gotaways” are expected to roam our streets before the yearend. Most of these people are unemployed, hungry, sick and homeless.
Sounds just like Los Angeles, San Francisco, Portland, Seattle, Chicago, New York, Kansas City, et al. Because mere cities cannot afford to hire, feed, heal and house so many, these desperate people face a life of crime and guess who are the victims. Clue: The victims are unarmed.
THE SUPREME COURT HAS LONG BEEN ORRUPT, AND NEEDS TO BE ABOLISHED FOR GOOD. ALONG WITH THE DOJ / FBI /CIA / DEPT OF EDUCATION / HOMELAND SECURITY,,,AND COUNTING????????