Supreme Court Strikes Down Biden’s Border Policy
Martin Walsh October 13, 2022
The decision came amid record-breaking numbers of illegal border crossings since Biden stepped into the Oval Office and may work to stem the migrant surge. The case became possible because a Trump-appointed judge agreed with the Texas and Missouri lawsuit against the Biden administration, prompting the administration to rush to the Supreme Court and have the matter litigated.
Now, Arizona Attorney General Mark Brnovich is also leading a group of 21 attorneys general in an amicus brief regarding federal immigration law, asking the Supreme Court to uphold a federal statute to enforce federal immigration law in United States v. Hansen.
“In the middle of this man-made disaster at our southern border, we need every tool and law available,” Arizona Attorney General Mark Brnovich said in a press release. “The last thing we need is anyone incentivizing migrants to come here illegally and further straining our social safety net. Border communities are being overwhelmed by the influx of people.”
“A grand jury charged California resident Helaman Hansen with multiple crimes in 2017 for scamming hundreds of noncitizens out of more than $1 million by promising them a nonexistent path to citizenship. According to the release, Hansen was charged under a federal statute for encouraging people to come to the United States illegally for “commercial advantage or private financial gain,” according to the release,” KTBS reported.
“General Brnovich and the attorneys general argue in their amicus brief that the Ninth Circuit decision jeopardizes the constitutionality of criminal law in all 50 states. They worry that the decision may cause other state and federal courts to invalidate existing criminal laws. The other attorneys general who signed the brief is from the states of: Alabama, Arkansas, Connecticut, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming,” the outlet added.
But it gets worse for the Biden administration.
Last week, the U.S. Court of Appeals for the Fifth Circuit ruled that former President Barack Obama did not have the constitutional authority to create the Deferred Action on Childhood Arrivals (DACA) program.
The three-judge panel agreed with a lower federal court that came to the same conclusion in July 2021.
That said, the appeals panel did rule that the program could remain in force for the roughly 600,000 so-called “Dreamers” who have already obtained the status. But the decision also states that the Biden administration cannot extend the status to anyone else.
“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients,” said the ruling.
In August, the Biden administration attempted to solidify the DACA program by opening it up for public comment, something Obama did not do when he imposed it via executive order in 2012 shortly before his reelection. The federal judge in Texas who struck down the program criticized Obama at the time for not opening up a commentary period.
President Biden criticized the appeals court for determining that the program is “unlawful” and urged Congress to take up the issue and pass legislation that would make the program permanent. In doing so, he returned to a now-familiar refrain of blasting “MAGA Republicans” for opposing the program for being unconstitutional.
“I am disappointed in today’s Fifth Circuit decision holding that DACA is unlawful. The court’s stay provides a temporary reprieve for DACA recipients but one thing remains clear: the lives of Dreamers remain in limbo,” Biden said.
“Today’s decision is the result of continued efforts by Republican state officials to strip DACA recipients of the protections and work authorization that many have now held for over a decade,” the president added.
“And while we will use the tools we have to allow Dreamers to live and work in the only country they know as home, it is long past time for Congress to pass permanent protections for Dreamers, including a pathway to citizenship,” Biden added. It’s not clear that there is enough support in Congress to pass such legislation, however, and the makeup of the congressional majority will likely shift after the midterms next month.
The appeals court also sent the case back to the federal judge in Texas to review the program.
“A district court is in the best position to review the administrative record in the rulemaking proceeding and determine whether our holdings as to the 2012 DACA Memorandum fully resolve issues concerning the Final Rule,” the court wrote.
Fox News added:
Biden specifically blamed “MAGA-Republican officials” for the court’s decision as several Republican-led states sued the federal government over the DACA program. Governors allege the program negatively impacts their local economies as they have to foot the bill for DACA recipients’ education and healthcare.
“My Administration is committed to defending Dreamers against attacks from Republican officials in Texas and other states,” Biden noted in conclusion. “This challenge to DACA is just another example of the extreme agenda being pushed by MAGA-Republican officials.”