Skip to main content

The Supreme Court Declares DHS Can Ignore Congressional Enforcement Mandates

Summary In U.S. v. Texas, the Supreme Court issued a 5-4 decision throwing out Texas and Louisiana's challenge to DHS Secretary Mayorkas' 2021 "Guidelines for the Enforcement of Civil Immigration Law", in which Mayorkas told DHS immigration officers in no uncertain terms to ignore congressional mandates regarding the arrest and detention of criminal aliens and aliens ordered removed.

In Demore, the Supreme Court itself cited the OIG and Judiciary Committee reports for the proposition that Congress "Had before it evidence that one of the major causes of the INS' failure to remove deportable criminal aliens was the agency's failure to detain those aliens during their deportation proceedings".

Second, the states never even sought to require that DHS "Prosecute" - or in the civil immigration enforcement context, "Remove" - anyone.

As the Passover song "Dayenu" goes, "Had [God] brought us out of Egypt, it would have been enough. ... Had he given us the Torah, it would have been enough." Conversely, "Had Kavanaugh denied the States standing, it would have been too much. Had Kavanaugh denied anyone and everyone the ability to challenge Secretary Mayorkas' unlawful flouting of congressional enforcement mandates, it would have been too much." But the Kavanaugh opinion hinted at an even more radical emasculation of Congress' long accepted plenary power over immigration.

The Court had also stated in Demore, in upholding the constitutionality of mandatory detention under 236(c), that the section "Mandates detention during removal proceedings for a limited class of deportable aliens - including those convicted of an aggravated felony." As Justice Alito noted in Texas, "All of our recent decisions interpreting these provisions confirm that, for covered aliens, shall means shall; it does not mean 'may.'".

The Supreme Court itself concluded in its 2019 decision in Nielsen v. Preap that "The transition rules delayed the onset of the Secretary's obligation to begin making arrests as soon as covered aliens were released from criminal custody .... [H]ad the transition rules not been adopted, the Secretary's failure to make an arrest immediately upon a covered alien's release would not have exempted the alien from mandatory detention under [236(c)]."

The Court of Appeals held that the States had standing ... and the majority in this Court, despite extended engagement with other jurisdictional questions, never hinted that Article III precluded the States' suit. 

https://cis.org/Fishman/Supreme-Court-Declares-DHS-Can-Ignore-Congressional-Enforcement-Mandates 

Comments

Popular posts from this blog

Fauci Files Reveal Pfizer Helped Biden Rig 2020 Election

 Pfizer secretly colluded with Joe Biden's team to help him rig the 2020 election against Trump, according to new Fauci documents. In his new book, "On Call," Fauci admits that Albert Bourla, the CEO of Pfizer, called him the night after Biden was declared the winner of the election, to inform him of Pfizer's "Game-changing results" from the rigged mRNA trial. "On November 7, after the absentee ballots were counted, Joe Biden was declared the winner of the presidential election. It was the very next night that Albert Bourla, Pfizer's CEO, called me away from my neighbors' fire pit to inform me about the game-changing results from the Pfizer mRNA vaccine trial. I finally thought we had truly turned a corner in defeating this terrible disease." Today reports: In another interesting tidbit, Fauci discusses Trump's FDA Commissioner Stephen Hahn declaring that he would not go along with the Trump Administration's plan to roll out the vac...

Republicans Withdraw $1 Billion From BlackRock Due To Its ESG Policies

  Multiple U.S. states governed by Republicans are withdrawing state funds from BlackRock's management, as they disapprove of the ESG investment policies of the world's top asset manager, the Financial Times reports. In recent weeks, Louisiana, South Carolina, Utah, and Arkansas have announced they would divest funds from... For months now, Republican states have said they would not do business anymore with asset managers who have ESG-aligned investment policies, which, the states say, show that those financial firms are boycotting the oil and gas industry. Texas is leading the campaign against this movement The Lone Star State published a list of financial firms that could be banned from doing business with Texas, its state pension funds, and local governments. https://oilprice.com/Latest-Energy-News/World-News/Republicans-Withdraw-1-Billion-From-BlackRock-Due-To-Its-ESG-Policies.html

The Biden-Harris White House Has An Iranian Spy Leaking U.S. Intelligence In It

 The question is, how did classified intelligence from the United States, showing Israeli military movements that suggest broader action against Iran, get to Tehran? The answer raises uncomfortable questions for the Biden-Harris White House, which has opposed Israel every step of the way in responding to Hamas, Hezbollah, and Iran. Defying Biden got Israel the entire leadership of Hezbollah and Hamas, with the ultimate threat still looming: Iran and its nuclear program. Operations against Iran are being assessed also because Iran has started firing ballistic missiles into Israel, targeting civilian centers across the country. If Israel is close to launching a broader offensive against Iran, leaking U.S. intelligence would be a way to both try and deter Israel and give more warning to Iran. In 2012, similar allegations were made against the Obama administration when U.S. intelligence leaks showed that Israel was working towards using "Azerbaijan as a base of operations in the event...