Posted on July 8, 2022

Court Upholds Block on U.S. Immigration Enforcement Priorities

Daniel Wiessner, Reuters, July 7, 2022

A U.S. appeals court has rejected the Biden administration’s request to stay a judge’s ruling that blocked immigration authorities from implementing guidance focusing enforcement efforts on individuals convicted of certain serious crimes.

A 5th U.S. Circuit Court of Appeals panel on Wednesday said Texas and Louisiana are likely to prevail on claims that a September memo from the U.S. Department of Homeland Security is unlawful because it shirks the agency’s legal obligation to arrest and detain immigrants convicted of a broader range of offenses.


The order came one day after a 6th Circuit panel threw out a separate injunction by an Ohio federal judge that blocked the guidance {snip}


The 5th Circuit sharply diverged from its sister circuit on Wednesday, saying the discretion vested in DHS does not mean it can pick and choose which federal laws it enforces.

The panel also said Texas and Louisiana had shown that the enforcement guidelines would burden the states by increasing their costs for incarceration, public education and healthcare.