A Trump judge seized control of ICE, and the Supreme Court will decide whether to stop him
https://www.vox.com/policy-and-politics/2022/11/27/23464741/supreme-court-ice-drew-tipton-texas-united-states-immigration
In July, a Trump appointee to a federal court in Texas effectively seized control of parts of Immigration and Customs Enforcement (ICE), the federal agency that enforces immigration laws within US borders. Although Judge Drew Tiptons opinion in United States v. Texas contains a simply astonishing array of legal and factual errors, the Supreme Court has thus far tolerated Tiptons overreach and permitted his order to remain in effect.
Nearly five months later, the Supreme Court will give the Texas case a full hearing on Tuesday. And theres a good chance that even this Court, where Republican appointees control two-thirds of the seats, will reverse Tiptons decision his opinion is that bad.
The case involves a memo that Secretary of Homeland Security Alejandro Mayorkas issued in September 2021, instructing ICE agents to prioritize undocumented immigrants who pose a threat to national security, public safety, and border security and thus threaten Americas well-being when making arrests or otherwise enforcing immigration law.
A federal statute explicitly states that the homeland security secretary shall be responsible for establishing national immigration enforcement policies and priorities, and the department issued similar memos setting enforcement priorities in 2005, 2010, 2011, 2014, and 2017.
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