PanaTimes

Friday, Sep 29, 2023

Supreme Court looks at Biden's power to set US immigration policy

Supreme Court looks at Biden's power to set US immigration policy

The Supreme Court grappled on Tuesday with whether the Biden administration can terminate a Trump-era border policy known as "Remain in Mexico" in a case that will test the White House's ability to set immigration policy.

Some conservatives on the court asked tough questions of the administration and suggested sympathy for lower court opinions that went against President Joe Biden.

Justice Samuel Alito at one point implied that the lower courts were correct to hold that the Trump program could be necessary in order to comply with the immigration law. And Justice Clarence Thomas suggested that the government has limited discretion to parole those who arrive.

But Chief Justice John Roberts expressed sympathy for the government's argument that it wants to end a program that had been put forward by the previous administration. He seemed puzzled as to how to handle the lower court opinions that interpreted immigration law to require the program -- or one like it.

"What are we to do?" he queried.

The court's three liberals, meanwhile, backed the Biden administration and arguing that requiring the program to remain in place would have severe diplomatic consequences. It was unclear by the end of arguments if there were five votes in favor of Biden's position.

Justice Elena Kagan worried about diplomatic concerns if the court required the Biden administration to continue implementing a program so dependent upon the cooperation of Mexico. She said such a decision would put the United States at the "mercy of Mexico" and that it could change its mind at any time to change conditions.

When a lawyer for Texas defending the Trump-era program suggested that diplomatic relations would not be in play, Kagan responded, "What are we supposed to do? Drive truckloads of people into Mexico without negotiating?"

Under the unprecedented program launched in 2019, the Department of Homeland Security sent certain non-Mexican citizens who entered the US back to Mexico -- instead of detaining them or releasing them into the United States -- while their immigration proceedings played out.

Critics call the policy inhumane and say it exposes asylum seekers with credible claims to dangerous and squalid conditions. Migrants subject to the program -- formally known as Migrant Protection Protocols -- have resided in makeshift camps along Mexico's northern border.

Remain in Mexico is separate from the public health authority, known as Title 42, that allows border officials to turn back migrants encountered at the border, therefore barring them from seeking asylum, unlike "remain in Mexico," which still provides migrants that chance. (Title 42 is the subject of separate legal challenges; a federal judge on Monday temporarily blocked ending that authority.)

Tuesday's case and the political fallout over the Biden administration's effort to end Title 42 next month have again put into sharp focus the politically precarious position for the White House and the uphill battles the White House faces in court.

While Biden himself vowed to end the "remain in Mexico" program upon taking office, he has been stymied by federal courts.

The case raises questions not only regarding immigration law, but also a president's control over policy and his diplomatic relationships with neighboring countries.

"An incoming president will not have the authority to implement his own agenda, and millions of asylum seekers will be left vulnerable to exploitation and human trafficking while being denied their due process rights," Loyola Law School professor Sabrina Talukder, who signed a brief in support of the Biden administration, told CNN.

Initially, Biden's Department of Homeland Security issued a memorandum terminating the program last June. But after two states -- Texas and Missouri -- brought a challenge, a district judge vacated the memo and ordered the policy reinstated.

The court said the administration had not adequately explained its decision-making process in its attempt to end the program in violation of the federal Administrative Procedure Act. Going a step further, the court also interpreted immigration law to require the DHS to return certain noncitizens to Mexico when it lacks sufficient funds to detain them on US soil, despite long-standing discretion that allows authorities to decide who to release or detain.

The DHS tried again last fall, issuing a new memo offering a more comprehensive explanation of its decision to terminate the program, but an appeals court ultimately upheld the district court's ruling and refused to even take under consideration the reasoning put forward in the new memo, suggesting that it had come too late.

"The lower courts in this case adopted unprecedented limitations on the ability of federal agencies to change policy and to issue new decisions in response to adverse court rulings," Andrew J. Pincus, a lawyer at Mayer Brown LLP, said in an interview.

"If upheld by the court, they would dramatically restrict agency decision-making across the government," he added.

As of April 17, more than 2,300 migrants have been sent back to Mexico under the "Remain in Mexico" policy since it was renewed late last year, according to the International Organization for Migration.

Interpreting immigration law


The justices focused on different provisions of immigration law. One section reads that the Department of Homeland Security "shall" detain noncitizens pending their immigration proceeding, while another provision provides that the Secretary "may return" certain non citizens.

Solicitor General Elizabeth Prelogar told the justices Tuesday that the lower courts had relied on erroneous interpretations of federal law to compel DHS to maintain a program that the administration has twice tried to end. She said that the Biden administration had the legal authority to end the program and had determined the benefits are "outweighed by its domestic humanitarian and foreign policy costs."

She said the that the Homeland Security secretary "should be allowed to finally put his policy decision into effect" and that the breadth of the lower court opinions suggested something had gone powerfully "awry."

Prelogar said the law offers the government alternative options for processing applicants, noting that some can be admitted "on parole" and others may be placed in an expedited removal process. She noted that in fiscal year 2021, the DHS processed more than 671,000 migrants under traditional immigration protocols, an average of more than 55,000 a month.

She also argued that the lower court opinion would carry "dramatic foreign-relations implications" because it compels the executive branch to send those from third countries into Mexico -- the territory of a foreign sovereign.

Texas Attorney General Ken Paxton, joined by Missouri Attorney General Eric S. Schmitt, urged the Supreme Court to uphold the lower court opinions. He said the Trump administration had launched the program because "tens of thousands of aliens unlawfully enter the Nation's southern border every month."

Newsletter

Related Articles

PanaTimes
Close
0:00
0:00
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Israel: Unprecedented Civil Disobedience Looms as IDF Reservists Protest Judiciary Reform
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
Swedish Embassy in Baghdad Engulfed in Flames Amidst a Firestorm of Protests
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
Europe is boiling: Extreme Weather Conditions Prevail Across the Continent
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
A Swift Disappointment: Why Is Taylor Swift Bypassing Canada on Her Global Tour?
Historic Moment: Edgars Rinkevics, EU's First Openly Gay Head of State, Takes Office as Latvia's President
An Ominous Shift in Warfare: Western Powers Risk War Crimes and Violate International Norms with Cluster Bomb Supply to Ukraine
Bye bye democracy, human rights, freedom: French Cops Can Now Secretly Activate Phone Cameras, Microphones And GPS To Spy On Citizens
The Poor Man With Money, Mark Zuckerberg, Unveils Twitter Replica with Heavy-Handed Censorship: A New Low in Innovation?
Unilever Plummets in a $2.5 Billion Free Fall, to begin with: A Reckoning for Misuse of Corporate Power Against National Interest
Beyond the Blame Game: The Need for Nuanced Perspectives on America's Complex Reality
Twitter Targets Meta: A Tangle of Trade Secrets and Copycat Culture
The Double-Edged Sword of AI: AI is linked to layoffs in industry that created it
US Sanctions on China's Chip Industry Backfire, Prompting Self-Inflicted Blowback
Meta Copy Twitter with New App, Threads
The New French Revolution
BlackRock Bitcoin ETF Application Refiled, Naming Coinbase as ‘Surveillance-Sharing’ Partner
×