Washington, DC - Today, the U.S. Supreme Court voted 5-4 to maintain a nationwide injunction blocking the Biden Administration from setting prosecutorial discretion policies for Immigration and Customs Enforcement (ICE). The court also decided to take up the case in December. AILA President Jeremy McKinney responded with the following statement:
"Unbelievably, today, with a 5-4 vote the Supreme Court is allowing an unlawful intrusion by the state of Texas on the federal administration of immigration laws by keeping in place a nationwide injunction until after arguments at the end of the year. This is untenable for the attorneys charged with representing the government and the noncitizens whose lives this will affect. Every single law enforcement agency uses prosecutorial discretion on a daily basis. When resources, whether human or financial, are finite then decisions must be made about where and how those resources are best allocated. That’s just common sense. It is striking that, just a few weeks ago, SCOTUS halted the Texas state government’s attempt to control a different enforcement policy in Biden v. Texas. For those same justices who railed against nationwide injunctions before, to completely reverse their position today and be okay with this Texas judge enjoining a federal immigration agency from implementing immigration law is blatantly hypocritical and patently political."
