WASHINGTON – The administration of President Joe Biden asked the Supreme Court on Friday to allow prioritize certain immigrants for deportation over others, establishing another legal confrontation over the the nation’s hesitant approach to immigration.
Like previous administrations, the Biden Department of Homeland Security wants to focus deportations on immigrants it believes pose a threat to national security or public safety or have recently crossed the border. That approach represented a departure from the Trump administration, which sought to eliminate a much broader category of immigrants.
Friday’s appeal establishes the first major emergency case of the summer in what critics are calling the The shadow file of the Supreme Court – through which judges make decisions about the application of laws and policies without the benefit of oral argument. Because the court tends to act quickly on the emergency docket, it may represent the first time the Associate Justice Ketanji Brown Jackson will get into a big case in the court.
Jackson was sworn in last week.
A federal district court sided with Texas and Louisiana in June, ruling that the Department’s regulations were arbitrary and capricious and in conflict with federal law. A three-judge panel of the New Orleans-based US Court of Appeals for the Fifth Circuit, all three nominated by Republican presidents, refused to stay the district court’s ruling while the case continues to be argued in court. court.
The appeal came days after the Supreme Court allowed the Biden administration end a Trump-era immigration policy that required asylum-seeking migrants to remain in Mexico while their cases were reviewed, ending a year-long legal fight over a policy that critics say contributed to a humanitarian crisis at the border.
Chief Justice John Roberts wrote for a 5-4 majority in that case. He was joined by Associate Justice Brett Kavanaugh and the court’s liberal bloc. Associate Justices Samuel Alito, Neil Gorsuch, Clarence Thomas and Amy Coney Barrett dissented.
This article originally appeared on USA TODAY: Biden asks the Supreme Court to revive the ability to decide who to deport