U.S. court says Biden administration can likely limit immigration arrests
Reuters
Published Sep 15, 2021 04:18PM ET
By Daniel Wiessner
(Reuters) - A U.S. appeals court on Wednesday said the Biden administration could continue to limit who can be arrested by U.S. immigration agents pending the outcome of its appeal of a federal judge's ruling that blocked a memo outlining new enforcement priorities.
The New Orleans-based 5th U.S. Circuit Court of Appeals said the judge in Texas in an August decision https://www.reuters.com/legal/litigation/us-judge-blocks-bidens-limits-immigrant-arrests-deportation-2021-08-19 was likely wrong that federal law limits the discretion immigration authorities have to decide who should be arrested and placed into deportation proceedings.
The appeals court issued a stay blocking the judge's decision from taking effect while the government's appeal is pending.
February guidance from U.S. Immigration and Customs Enforcement (ICE (NYSE:ICE)) instructs agents to focus enforcement efforts on immigrants deemed national security or public safety threats and those who entered the United States after Nov. 1, 2020.
Agents must seek pre-approval from a senior manager if they want to arrest someone who does not fall into one of those categories.
The guidance was issued shortly after Democratic President Joe Biden succeeded Republican President Donald Trump, whose signature policies included a tough approach to legal and illegal immigration.
It is being challenged by the Republican attorney generals of Texas and Louisiana, who say it has led to dozens of convicted criminals being released into their communities and is placing burdens on local law enforcement and social service programs.
ICE and the offices of the state attorney generals did not immediately respond to requests for comment.
In blocking the February guidance, U.S. District Judge Drew Tipton in Corpus Christi, Texas, ruled that it violated a federal law requiring that the government "shall detain" people who commit certain crimes or are otherwise deemed eligible for deportation.
But the 5th Circuit on Wednesday said that law only applied to individuals who are already the subject of a detention order or have been ordered deported, and not to the initial decision of who should face enforcement action in the first place.
Get The News You Want
Written By: Reuters
Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.