US Fifth Circuit largely halts judge's order that blocks Biden's efforts to limit immigration arrests

09:40  16 september  2021
09:40  16 september  2021 Source:   cnn.com

Court strikes down Biden immigration enforcement priorities

  Court strikes down Biden immigration enforcement priorities A federal judge has blocked the Biden administration's immigration enforcement priorities that directed border agents to focus on those with serious criminal records.The Biden administration in two memos directed U.S. Immigration and Customs Enforcement (ICE) agents to focus on those deemed a threat to public safety, requiring officers to seek approval from a supervisor before veering from the priorities.But following a challenge from Texas and Louisiana, a U.S. district court judge in Texas ruled that border agents should be able to pursue migrants in "overlooked categories.

A federal appellate court on Wednesday largely halted a judge's order that would have upended the Biden administration's efforts to limit immigration arrests, marking a judicial win for the Democratic President after a handful of setbacks

a man standing in front of a window: US Immigration and Customs Enforcement officers arrive to a home in search of an undocumented immigrant in April 2018 in New York City. © John Moore/Getty Images US Immigration and Customs Enforcement officers arrive to a home in search of an undocumented immigrant in April 2018 in New York City.

The case, brought by Texas and Louisiana, challenged a memo issued in the beginning of President Joe Biden's term that instructed Immigration and Customs Enforcement to focus its arrests on certain undocumented immigrants, particularly those who posed national security risks or had serious criminal histories.

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The 5th US Circuit Court of Appeals found that the provisions do not eliminate immigration officials' "broad discretion" to decide who should face enforcement action, according to the ruling. The part of the injunction that was not put on hold is already in line with general enforcement protocol.

"For these reasons, we do not see a strong justification for concluding that the (Illegal Immigration Reform and Immigrant Responsibility Act of 1996) detention statutes override the deep-rooted tradition of enforcement discretion when it comes to decisions that occur before detention, such as who should be subject to arrest, detainers, and removal proceedings," the ruling, written by Judge Gregg Costa, reads.

"That means the United States has shown a likelihood of prevailing on appeal to the extent the preliminary injunction prevents officials from relying on the memos' enforcement priorities for nondetention decisions," Costa added.

Mike Pence tears into Biden's COVID speech

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The panel was made up of two Obama appointees and a George W. Bush appointee.

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

An administrative hold had been placed on Tipton's order as it was reviewed by the 5th Circuit. With the 5th Circuit's latest move, Tipton's order will be largely paused while the case plays out on the merits -- unless the red states successfully seek an intervention from the full 5th Circuit or the US Supreme Court.

Earlier this month, the 5th Circuit heard arguments in the case. The Justice Department argued that there aren't sufficient resources to detain the millions of undocumented immigrants in the US, in building the case for a priority system, and that deviating from that would require pulling ICE agents from the US southern border, where they're assisting authorities.

Texas maintained that the administration's enforcement memo setting up a priority system was arbitrary and capricious.

Wednesday's ruling nodded to the strain on resources, reading: "Moreover, eliminating DHS's ability to prioritize removals poses a number of practical problems given its limited resources."

Ancient clay tablet from Assyrian king going back to Iraq .
WASHINGTON (AP) — A 3,500-year-old clay tablet discovered in the ruins of the library of an ancient Middle Eastern king, then looted from an Iraqi museum 30 years ago, is finally headed back to Iraq. The $1.7 million cuneiform clay tablet was found in 1853 as part of a 12-tablet collection in the rubble of the library of Assyrian King Assur Banipal. Officials believe it was illegally imported into the United States in 2003, then sold to Hobby Lobby and eventually put on display in its Museum of the Bible in the nation's capital.Federal agents with Homeland Security Investigations seized the tablet — known as the Gilgamesh Dream tablet — from the museum in September 2019.

usr: 6
This is interesting!