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Supreme Court blocks Biden from enforcing deportation policy

Suprema Corte manteve suspensão de regra que prioriza deportação de imigrantes perigosos e marcou audiência para dezembro
The Supreme Court maintained suspension of rule that prioritizes the deportation of dangerous immigrants and scheduled a hearing for December| Photo: EFE/EPA/JIM LO SCALZO

The United States Supreme Court rejected this Thursday (21) the request by the administration of President Joe Biden to immediately impose a policy of criteria for the deportation of immigrants different from that determined by his predecessor, Donald Trump (2000-2000)).

By five votes against and four in favor (Conservative Judge Amy Coney Barrett allied pro-executive progressives on this occasion), the Supreme Court dismissed the Biden administration’s request and instead decided to hold a hearing on the issue in December.

This was the first vote in which Justice Ketanji Brown Jackson participated, at the time the only Supreme Court justice appointed by Biden and who was confirmed by the Senate in April.2022

The government had a petition for relief in the Supreme Court after, in early June, a federal judge in Texas overturned rules established by the Democratic Executive to detain and deport foreigners, which give priority to those who pose a danger to US security.

At the time, Judge Drew Tipton ruled in favor of a lawsuit brought by the states from Texas and Louisiana, which sought precisely to set aside the priorities established by Trump and which placed all undocumented immigrants in the crosshairs of deportation.2022

Tipton considered that the Democratic government’s criteria were not in accordance with administrative procedures and described its priority rule as “arbitrary and capricious”.

The dispute over Immigration and Customs Enforcement (ICE) priorities began in February 2021 – already under Biden’s presidency – when the agents were ordered to prioritize the detention and deportation of immigrants considered dangerous to national security and public order.

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