Supreme Court hands Biden admin major win on challenge to ICE enforcement policy

challenged the legality of the guidelines, arguing that the policy breached the Administrative Procedure Act and that they had standing because their states would incur greater law enforcement costs and a significant impact on social services due to the increase in illegal immigration that resulted. A district court found that the states did have standing and blocked the implementation of the policy.

Justice Alito, in his dissent, says that the majority"brushes aside a major precedent that directly controls the standing question, refuses to apply our established test for standing, disregards factual findings made by the District Court after a trial, and holds that the only limit on the power of a President to disobey a law like the important provision at issue is Congress’s power to employ the weapons of inter-branch warfare — withholding funds, impeachment and removal, etc.

In a statement, Mayorkas applauded the ruling and said the department"looks forward to reinstituting these Guidelines, which had been effectively applied by [ICE] officers to focus limited resources and enforcement actions on those who pose a threat to our national security, public safety, and border security."

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