The U.S. Supreme Court is set to consider whether President Joe Biden's administration can implement guidelines - challenged by two conservative-leaning states - shifting immigration enforcement toward public safety threats
The justices will hear the administration's bid to overturn a judge's ruling in favor of Texas and Louisiana that vacated U.S. Department of Homeland Security guidelines narrowing the scope of those who can be targeted by immigration agents for arrest and deportation.
In a memo, Mayorkas called the guidelines necessary because his department lacks the resources to apprehend and seek the removal of every one of the estimated 11 million immigrants living in the United States illegally. Their lawsuit, filed in Texas, argued that the guidelines ran counter to provisions in immigration laws that make it mandatory to detain non-U.S. citizens who have been convicted of certain crimes or have final orders of removal., finding that while immigration agents could on a case-by-case basis act with discretion the administration's guidelines were a generalized policy that contravened the detention mandate set out by Congress.
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