WASHINGTON—Last evening, the Supreme Court denied the Biden administration’s emergency application to stay—that is, suspend—a Texas federal district court ruling vacating its policy of releasing vast numbers of dangerous alien criminals, rather than detaining and deporting them as the law requires. The Immigration Reform Law Institute (IRLI) had filed a friend-of-the-court brief in the Court opposing the stay.
The administration claims that Congress has stripped federal courts of jurisdiction to vacate its policy of non-enforcement. In its brief, IRLI had refuted this claim, showing that the jurisdiction-stripping statute in question only applies to injunctions, not orders to vacate, or set aside, a policy. And last evening, the Court declined to suspend the lower court’s order to vacate, despite the administration’s jurisdictional claim.
The Court also treated the administration’s stay application as a petition for review on the merits, and granted it, with oral argument set for December.
“This case will take months—probably almost a year from now—to be decided,” said Dale L. Wilcox, executive director and general counsel of IRLI. “That’s why last night’s victory is so important. During all of that time, the order setting aside Biden’s nonenforcement policy will remain in place, not suspended as the administration wanted. We are pleased the Court denied the administration all of that extra time to violate the law and endanger Americans.”
The case is United States v. Texas, No. 22A17 (Supreme Court).
