Texas and Louisiana lack standing to sue the Biden administration’s policy of not enforcing a federal law requiring the arrest of certain criminal aliens, the Supreme Court held on Friday.
for justices, examining 8 U.S.C. § 1226, where Congress commands that the Department of Homeland Security “shall” arrest and detain some types of criminal aliens when they are released from state prison. Secretary Alejandro Mayorkas has refused to enforce that law.
Texas DPS troopers apprehend two criminal aliens and seize smuggled marijuana near the border with Mexico. “To be clear, our Article III decision today should in no way be read to suggest or imply that the Executive possesses some freestanding or general constitutional authority to disregard statutes requiring or prohibiting executive action,” he also cautioned.
The majority concluded by observing that “Congress possesses an array of tools to analyze and influence those policies,” and that “through elections, American voters can both influence Executive Branch policies and hold elected officials to account for enforcement decisions.”
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