(1) Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security's Guidelines for the Enforcement of Civil Immigration Law; and (2) Whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) Whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to "hold unlawful and set aside" the Guidelines under 5 U.S.C. § 706(2).
Holding
Texas and Louisiana lack Article III standing to challenge the Guidelines.
Many of the Biden administration's immigration policies have been subject to protracted litigation. Shortly after taking office in January 2021, the administration directed the U.S. immigration agency, ICE, to stop all deportations except those that posed a threat to "national security, public safety, and border security". The act was widely expected to reduce the number of deportations by the agency. Texas filed a lawsuit in the United States District Court for the Southern District of Texas soon after, and Judge Drew B. Tipton issued a temporary restraining order. The state soon dismissed the lawsuit, but filed a new suit with Louisiana in April 2021 after the administration issued modified interim guidance in February. Judge Tipton then issued a preliminary injunction in August 2021. The government appealed to the United States Court of Appeals for the Fifth Circuit, which stayed the injunction in part in September. In November, the 5th Circuit, sitting en banc, vacated the panel opinion. That appeal became moot as the administration had issued a final guidance document in September.[1]
The court held a bench trial in February 2022 about the legality of the final guidance. On June 10, 2022, the court held the final guidance violated the Administrative Procedure Act, and vacated it. On July 6, 2022, a panel of the Fifth Circuit denied a stay pending appeal, holding the Supreme Court's intervening decision in Garland v. Gonzalez did not deprive the district court of jurisdiction over the suit.[2]
After the 5th Circuit denied a stay pending appeal, the federal government sought a stay from the Supreme Court on July 8, 2022. On July 21, 2022, the court denied the application for stay in a 5–4 vote, but granted certiorari before judgment and set the case for argument in the December sitting.[2] Oral arguments were held on November 29, 2022. On June 23, 2023, the Supreme Court reversed the district court in an 8–1 decision.[3]
^ abHowe, Amy (July 21, 2022). "Divided court declines to reinstate Biden's immigration guidelines, sets case for argument this fall". SCOTUSblog. Retrieved July 30, 2022.
^Liptak, Adam. . The New York Times. The New York Times. Archived from the original on June 28, 2023. Retrieved July 2, 2023.
External linksedit
Text of United States v. Texas, 599U.S. 670 (2023) is available from:Google ScholarJustiaOyez (oral argument audio)Supreme Court (slip opinion)Supreme Court (preliminary print)
united, states, texas, 2023, united, states, texas, 2023, united, states, supreme, court, case, related, federal, immigration, united, states, texassupreme, court, united, statesargued, november, 2022decided, june, 2023full, case, nameunited, states, texas, do. United States v Texas 599 U S 670 2023 was a United States Supreme Court case related to federal immigration law United States v TexasSupreme Court of the United StatesArgued November 29 2022Decided June 23 2023Full case nameUnited States et al v Texas et al Docket no 22 58Citations599 U S 670 more 143 S Ct 1964ArgumentOral argumentOpinion announcementOpinion announcementQuestions presented 1 Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security s Guidelines for the Enforcement of Civil Immigration Law and 2 Whether the Guidelines are contrary to 8 U S C 1226 c or 8 U S C 1231 a or otherwise violate the Administrative Procedure Act and 3 Whether 8 U S C 1252 f 1 prevents the entry of an order to hold unlawful and set aside the Guidelines under 5 U S C 706 2 HoldingTexas and Louisiana lack Article III standing to challenge the Guidelines Court membershipChief Justice John Roberts Associate Justices Clarence Thomas Samuel Alito Sonia Sotomayor Elena Kagan Neil Gorsuch Brett Kavanaugh Amy Coney Barrett Ketanji Brown JacksonCase opinionsMajorityKavanaugh joined by Roberts Sotomayor Kagan JacksonConcurrenceGorsuch in judgment joined by Thomas BarrettConcurrenceBarrett in judgment joined by GorsuchDissentAlitoLaws appliedU S Const art III Contents 1 Background 2 Supreme Court 3 References 4 External linksBackground editMany of the Biden administration s immigration policies have been subject to protracted litigation Shortly after taking office in January 2021 the administration directed the U S immigration agency ICE to stop all deportations except those that posed a threat to national security public safety and border security The act was widely expected to reduce the number of deportations by the agency Texas filed a lawsuit in the United States District Court for the Southern District of Texas soon after and Judge Drew B Tipton issued a temporary restraining order The state soon dismissed the lawsuit but filed a new suit with Louisiana in April 2021 after the administration issued modified interim guidance in February Judge Tipton then issued a preliminary injunction in August 2021 The government appealed to the United States Court of Appeals for the Fifth Circuit which stayed the injunction in part in September In November the 5th Circuit sitting en banc vacated the panel opinion That appeal became moot as the administration had issued a final guidance document in September 1 The court held a bench trial in February 2022 about the legality of the final guidance On June 10 2022 the court held the final guidance violated the Administrative Procedure Act and vacated it On July 6 2022 a panel of the Fifth Circuit denied a stay pending appeal holding the Supreme Court s intervening decision in Garland v Gonzalez did not deprive the district court of jurisdiction over the suit 2 Arizona Montana and Ohio separately challenged the permanent guidance in the United States District Court for the Southern District of Ohio On March 22 2022 Judge Michael J Newman issued a preliminary injunction against the guidance which the United States Court of Appeals for the Sixth Circuit stayed on April 12 2022 and reversed on July 5 2022 Supreme Court editAfter the 5th Circuit denied a stay pending appeal the federal government sought a stay from the Supreme Court on July 8 2022 On July 21 2022 the court denied the application for stay in a 5 4 vote but granted certiorari before judgment and set the case for argument in the December sitting 2 Oral arguments were held on November 29 2022 On June 23 2023 the Supreme Court reversed the district court in an 8 1 decision 3 References edit https www ice gov doclib news guidelines civilimmigrationlaw pdf a b Howe Amy July 21 2022 Divided court declines to reinstate Biden s immigration guidelines sets case for argument this fall SCOTUSblog Retrieved July 30 2022 Liptak Adam Supreme Court Revives Biden Immigration Guidelines The New York Times The New York Times Archived from the original on June 28 2023 Retrieved July 2 2023 External links editText of United States v Texas 599 U S 670 2023 is available from Google Scholar Justia Oyez oral argument audio Supreme Court slip opinion Supreme Court preliminary print nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title United States v Texas 2023 amp oldid 1210355332, wikipedia, wiki, book, books, library,
