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Can ICE deport any undocumented person? A complicated judicial process annuls a protection awaiting the Supreme Court

2022-07-07T17:42:50.576Z


Two appeals courts face each other over Biden's policy that limited the expulsion of undocumented immigrants only to those who posed a danger or had just arrived in the country.


Two opposing court rulings on the Joe Biden administration's policy restricting deportations of immigrants leave the final decision possibly in the hands of the Supreme Court.

But in the meantime it will remain blocked, which means that the Immigration and Customs Enforcement Service (ICE) will be free to expel any undocumented immigrant.

What has happened and what can happen now?

1. Biden removes a Trump policy

The Department of Homeland Security issued guidelines in September 2021 that replaced a regulation of the Donald Trump government by which any undocumented person should be deported regardless of whether they had a criminal record.

Biden's new guide instructed immigration agents to focus on detaining and expelling those who "pose a threat to national security, public safety, and border security," prioritizing the deportation of those who had a history or had just crossed the border. and thus had fewer ties to the community.

Officers must assess whether the migrants committed a serious crime in the past, what type of damage they caused, and whether a firearm was involved;

and also take into account your age and the impact of your deportation on the rest of your family.

Agents stop an immigrant in North Carolina in January 2020. The Washington Post via Getty Im

2. Republican states go to court

The states of Arizona, Ohio and Montana, governed by the Republican Party, denounced the new policy in court, alleging that it would increase crime (despite the fact that statistics show that migrants commit fewer crimes than Americans) and would compromise public funds. .

[Biden Administration Authorizes ICE to Close Hundreds of Thousands of Deportation Cases Pending in Immigration Courts]

Texas and Louisiana, also governed by Republicans, took the measure to court in a separate lawsuit, which opened two different judicial channels that run in parallel.

A federal judge in Ohio and another in Texas upheld the lawsuits, blocking the new deportation policy, but the Biden administration has appealed the rulings to two different appeals courts.

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3. An appeals court backs Biden...

The Ohio-based Court of Appeals for the Sixth Circuit reactivated the rule on Tuesday, ruling that the Republican states had failed to prove their claims.

He explained that the guidelines only instruct ICE agents on how to enforce a policy that the government has jurisdiction to decide on.

And furthermore, "they do not impose any direct costs on states or threaten the loss of federal funds," he added.

4. But another court reactivates the block

But a day later, on Wednesday, the Louisiana-based Fifth Circuit Court of Appeals rejected the government's appeal to reactivate its guidelines, alleging that the policy "is not procedurally valid" and "contradicts federal statutes."

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5. And now what happens then?

The decision of the Court of Appeals for the Sixth Circuit in favor of the Government was subject to what the Court of Appeals for the Fifth Circuit decided, so the ruling against the new policy prevails, which will continue to be temporarily blocked.

The Government can now appeal the blockade, in the same way that the Republican states can appeal the other decision against them.

The final decision could thus fall before the Supreme Court (with a conservative majority after Trump's latest appointments).

[Biden's Nominee To Lead ICE Withdraws After More Than A Year Waiting For Senate Confirmation]

Meanwhile, thousands of undocumented immigrants established in the United States once again become a priority for ICE.

"They can arrest anyone like before, for any reason," Zenobia Lai, an attorney and director of the Houston Immigration Legal Services Collaborative, told the Houston Chronicle.

Source: telemundo

All news articles on 2022-07-07

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