FILE ?‘ A family from Honduras is deported from El Paso, Texas to Ciudad Juarez, Mexico on March 18, 2021. The Biden administration is grappling with the political fallout of the end of Title 42, a pandemic-era policy established during the Trump administration that turned away most migrants from the border.
The case centers on the Biden administration’s attempt to narrow targets for arrest and deportation to just immigrants seen as a threat to national security or public safety, a significant shift from the Trump administration's more sweeping approach, which directed Immigrations and Customs Enforcement to consider virtually anyone in the country illegally to be a priority.
In the majority opinion in that case, known as Arizona v. United States, then-Justice Anthony Kennedy wrote that the federal government has “broad discretion” in setting immigration policy and that the state could not pursue policies that “undermine federal law.”
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