Supreme Court: States Lack ‘Standing’ To Challenge Biden Slow Walk On Immigration Enforcement

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The Supreme Court of the United States held 8–1 that states lack standing to sue the federal government for failing to arrest illegal immigrants.

8–1 that states lack standing to sue the federal government for failing to arrest illegal immigrants. Texas and Louisiana had accused the federal government of not fulfilling its statutory obligations to arrest illegal immigrants and sought an order that the government fully enforce immigration law.the Court’s decision: “We applaud the Supreme Court’s ruling. . . .

The states argued that because the de-prioritization of these arrests imposed additional financial burdens on the states, the Guidelines injured them and conferred standing. Monetary costs are of course an injury. But this Court has “also stressed that the alleged injury must be legally and judicially.” That “requires, among other things,” that the “dispute is traditionally thought to be capable of resolution through the judicial process”—in other words, that the asserted injury is traditionally redressable in federal court.

[T]he Executive Branch must prioritize its enforcement efforts. That is because the Executive Branch invariably lacks the resources to arrest and prosecute every violator of every law and must constantly react and adjust to the ever-shifting public-safety and public-welfare needs of the American people.

 

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