Washington, D.C. (February 6, 2024) – A new Center for Immigration Studies report outlines the most important immigration rulings of 2023 and provides a forecast for 2024 - a valuable guide for those having trouble keeping track of the many lawsuits against the Biden administration’s immigration policies. The report underscores the influence of federal judges in shaping immigration policies and programs.

Elizabeth Jacobs, the Center’s director of regulatory affairs and policy and author of the report, said, “Over the past few years, federal judges have played an increasingly powerful role in the U.S. government’s ability to implement immigration policies and programs, and this trend shows no signs of slowing down. Executive action on immigration is now routinely stalled or halted by judicial rulings.”

Jacobs first highlights United States v. Texas. The U.S. Supreme Court in a 5-4 ruling declared that Texas and Louisiana lacked Article III standing to challenge the DHS Policy which narrowed enforcement priorities to strictly aliens deemed a threat to national security, public safety, or border security. The lower court had ruled that the policy violated federal law and procedural requirements.

The report then examines Florida v. United States, a lawsuit brought by Florida claiming that DHS violated the statutory detention mandates of the INA. The court ruled that DHS had violated the statutory detention mandate requiring that parole only be on “a case-by-case basis for urgent humanitarian reasons for significant public benefit.” Aliens released on their own recognizance (OR) with a Notice to Appear (NTA) were done so improperly because inadmissible aliens are subject to detention. An appeal is now consolidated with another case, Florida v. Mayorkas, which found the parole + alternatives to detention (ATD) policy unlawful. It is currently being considered by the Eleventh Circuit.

The report also highlights Texas v. United States, a case challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. The courts ruled in September 2023 that the Biden administration’s DACA regulation was an abuse of executive authority, yet still allowed existing DACA recipients to maintain their status.

Other notable cases covered in the report include United States v. Carrillo-Lopez, addressing constitutional challenges to immigration statutes, and Massachusetts Coalition for Immigration Reform v. DHS, focusing on National Environmental Policy Act (NEPA) procedures related to immigration policies.
As the legal battles continue to unfold, the report anticipates key rulings in 2024, including cases challenging “Circumventing Lawful Pathways” rule, parole programs for certain nationalities, and the “Public Charge Ground of Inadmissibility” regulation.