The Supreme Court finally hears the dispute over Biden’s guidance. 

Your weekly summary from the Council


 LATEST ANALYSIS 


 FACTS YOU SHOULD KNOW  

  • This week, the U.S. Supreme Court heard oral arguments for the U.S. v. Texas, a dispute over the Biden administration’s efforts to set immigration enforcement priorities.

    The Biden administration, like previous administrations, has attempted to use prosecutorial discretion to determine how and where government resources are allocated to enforce immigration law. But some states have successfully used the federal courts to impact federal immigration policy in recent years. The Supreme Court now has a chance to uphold the federal government's long-standing authority to define its own enforcement priorities and select whom to prioritize for deportation.

    This fact sheet from the American Immigration Council gives an introduction into the importance of prosecutorial discretion and how it is used in immigration enforcement. 

    Read More: Understanding Prosecutorial Discretion in Immigration Law


 ACROSS THE NATION  

  • This week, the Council joined a coalition of nonprofits in asking Secretary of Homeland Security Alejandro Mayorkas to establish a case management system.
     
    For years, national organizations have advocated for a federally financed case management system to assist asylum seekers in pursuing their legal rights under U.S. immigration law. Congress has already provided DHS with $20 million over two years to develop such a program. However, DHS has taken an unusually lengthy time to begin the task. Despite the program being established over two years ago, DHS did not submit the first solicitation until September 20, 2022.   

    Read more: Take Action: Urge Support for Asylum Seekers and the Communities that Welcome Them


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 QUOTE OF THE WEEK 

“The federal government has both the power and the responsibility to establish fair and humane immigration policies. The time-honored principle of prosecutorial discretion—which is baked into the president’s constitutional authority—gives him the ability to make discretionary calculations about how to enforce immigration laws against individuals.

"State attorneys general should not be allowed to collude with federal judges to strip this power from the president. In U.S. v. Texas, the Supreme Court should make a decisive determination that states may no longer take destabilizing and aggressive steps to upend our government’s enforcement priorities.


– Emily Creighton, legal director of transparency at the American Immigration Council


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