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Circuit Fifth largely stops judge’s order that blocks Biden’s efforts to limit immigrant arrests

The case, brought by Texas and Louisiana, challenged a memo released early in President Joe Biden’s term that called on Immigration and Customs Enforcement to focus its arrests on certain undocumented immigrants, especially those who posed risk for national security or had a serious criminal record.
The U.S. 5th Circuit Court of Appeals ruled that the provisions did not eliminate the “broad discretion” of immigration officials to decide who should be subject to enforcement action, according to the ruling. . The part of the injunction that has not been suspended already complies with the general execution protocol.

“For these reasons, we see no strong justification for concluding that the detention laws (the illegal immigration reform and immigrant accountability of 1996) trump the deep-rooted tradition of enforcement discretion. when it comes to decisions taken before detention, such as who should be the subject of arrest, detainee and deportation proceedings ”, states the decision, drafted by Judge Gregg Costa .

“This means the United States has shown a likelihood of winning on appeal as the preliminary injunction prevents officials from relying on memo execution priorities for non-detention decisions Costa added.

The panel consisted of two people appointed by Obama and one person appointed by George W. Bush.

Last month, Judge Drew Tipton issued a preliminary injunction blocking these enforcement priorities. He ordered the administration to file monthly reports on immigrants who had been released and were not immediately detained by ICE.

An administrative suspension had been placed on Tipton’s order as it was being considered by the 5th Circuit. With the latest 5th Circuit ruling, Tipton’s order will be largely stayed while the case unfolds on the merits – unless the Red States successfully request intervention from the entire 5th Circuit or the Court. Supreme of the United States.

Earlier this month, the 5th Circuit heard the arguments in the case. The Justice Department argued that there were not enough resources to detain the millions of undocumented immigrants in the United States, to justify a priority system, and that deviating from it would require removing the ICE officers from the southern border of the United States, where they ‘regarding the assistance authorities.

Texas argued that the administration’s application note establishing a priority system was arbitrary and capricious.

Wednesday’s decision nodded to the pressure on resources, saying, “Additionally, eliminating DHS’s ability to prioritize deletions poses a number of practical issues given its resources. limited. “

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