Supreme Court: States Lack Standing to Force Mayorkas to Arrest Criminal Aliens
KEN KLUKOWSKI23 Jun 2023Washington, DC977
WASHINGTON, DC – Texas and Louisiana lack standing to sue the Biden administration’s policy of not enforcing a federal law requiring the arrest of certain criminal aliens, the Supreme Court held on Friday.
Justice Brett Kavanaugh wrote the majority opinion for justices, examining 8 U.S.C. § 1226, where Congress commands that the Department of Homeland Security “shall” arrest and detain some types of criminal aliens when they are released from state prison. Secretary Alejandro Mayorkas has refused to enforce that law.
“In 2021, after President Biden took office, the Department of Homeland Security issued new Guidelines for immigration enforcement,” Kavanaugh began. “The Guidelines prioritize the arrest and removal from the United States of noncitizens who are suspected terrorists or dangerous criminals, or who have unlawfully entered the country only recently, for example.”
“The States essentially want the Federal Judiciary to order the Executive Branch to alter its arrest policy so as to make more arrests,” he continued. “But this Court has long held that a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution. Consistent with that fundamental Article III principle, we conclude that the States lack Article III standing to bring this suit.”
https://www.breitbart.com/immigration/2023/06/23/supreme-court-states-lack-standing-force-arrest-criminal-aliens/
