Supreme Court Affirms Immigration Enforcement Policies

 Posted on July 13, 2023 in Immigration

Over the past decade, immigration has been a major political issue. With millions of undocumented immigrants in the United States and thousands more attempting to enter the country on a daily basis, government officials are seeking to implement policies that will address these concerns while also protecting people's humanitarian rights. The administration of President Donald Trump sought to detain and deport many undocumented immigrants, but President Joe Biden's administration has attempted to make changes to these policies. While these policies have been challenged, a recent Supreme Court decision has allowed the administration to focus on protecting public safety as it enforces immigration laws.

Biden Administration Allowed to Set Priorities for Immigration Enforcement

During the Trump administration, immigration officials took a hard-line approach to immigration enforcement. The administration stated that any immigrants who were in the United States without authorization could be detained by Immigration and Customs Enforcement (ICE), and they would be subject to deportation proceedings. These policies led to large numbers of immigrants being detained, resulting in criticisms about the humanitarian treatment of detainees and the separation of families.

Once President Biden took office, his administration sought to change these policies, addressing both humanitarian concerns and public safety. Because the Department of Homeland Security (DHS) has limited resources, the administration chose to prioritize deportations for undocumented immigrants who had a history of violent crime, while also addressing people who had recently entered the United States. While this has resulted in a decline in deportations, it has also helped focus on people who could potentially put others at risk while also addressing the increase in migrants who are attempting to enter the country without authorization.

Due to concerns about the large numbers of migrants who have tried to cross the border into the U.S., several states have fought against these policy changes. Texas and Louisiana filed a lawsuit against the Biden administration, seeking to block the implementation of the new policies and instead focus immigration enforcement efforts on all undocumented immigrants. This case was heard by the Supreme Court, and a majority of the justices ruled that the policies could remain in place.

The Supreme Court's ruling noted that the states were seeking to force the executive branch of the federal government to perform more arrests, which would be unprecedented. If this was allowed, it would have implications in a wide variety of matters, and it could affect federal officials' ability to investigate and prosecute multiple types of crimes. The court also noted that the government does not have the resources to arrest and prosecute everyone who violates every law, and it must be able to set priorities that will allow it to adjust to changing conditions and take the necessary steps to protect public safety. The decision will allow the Biden administration to set appropriate guidelines for immigration enforcement without being forced to follow the desires of officials in individual states.

Contact Our DuPage County Deportation Defense Attorneys

While immigration enforcement policies may be changing, there are still many situations where undocumented immigrants may be detained by ICE or where other immigrants may face the possibility of deportation. Those who are in this situation will need to understand their options and the steps they can take to avoid their removal from the United States. At Mevorah & Giglio Law Offices, our Illinois deportation defense lawyers can provide representation during deportation proceedings, and we can help address any other issues that may affect an immigrant's ability to continue living and working in the United States. To set up a free consultation and learn more about our immigration law services, contact us at 630-932-9100.