Supreme Court won't reinstate Biden immigration policies, pending litigation

State's highest court upreme Court did, however, announced it would fast track the case and hear oral arguments on it in December.

Published: July 21, 2022 6:22pm

Updated: July 21, 2022 7:47pm

The Supreme Court on Thursday denied a bid by the Biden administration to block a ruling from a federal judge that barred immigration officials from following its enforcement guidelines.

The administration announced the guidelines in September of last year, narrowing the scope of immigration enforcement efforts nationwide. Texas and Louisiana sued the administration asserting that federal officials were obligated to detain immigrants who commit crimes. 

In a 5-4 vote, the high court declined to block an earlier ruling from U.S. District Judge Drew Tipton that suspended the guidelines across the country. The 5th Circuit Court of Appeals also refused to block Tipton's ruling. The Supreme Court did, however, announce it would fast track the case and hear oral arguments on it in December.

You can view the court's order here.

The ruling follows a Biden court victory that allowed the administration to rescind the Migrant Protection Protocols or "Remain in Mexico," policy that President Donald Trump implemented. Under the MPPs, asylum seekers had to await their immigration court date in Mexico rather than within the U.S. interior.

Biden has faced considerable criticism for his handling of an unprecedented migration crisis. Migrant encounters reached a record high of 240,000 in May of this year. An internal report from the Department of Homeland Security found systemic failures in migrant processing.

In March-June of 2021, over 200,000 migrants crossed the border, entered law enforcement custody, secured their release into the U.S. interior without disclosing their intended addresses, and failed to appear at their court hearing, the report showed.

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