Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall

The 2022 Supreme Court will have a major immigration policy case on the docket.  Amy Howe for SCOTUSBlog reports on the latest immigration news from the Court:

“The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. The justices [today] agreed to take up a challenge by Texas and Louisiana to a new federal policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. The justices will hear the case in late November without waiting for a federal appeals court to weigh in.

The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision.

In a 5-4 vote, the justices rejected the administration’s request to put the district court’s ruling on hold and allow the administration to implement the policy while litigation proceeds. Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson indicated that they would have granted the request. It was the first recorded vote for Jackson, who was sworn in as the court’s newest justice on June 30 to succeed the now-retired Justice Stephen Breyer.”

KJ