Mayorkas Seeks Supreme Court Approval For Easing Immigration Enforcement

Joe Biden’s Department of Justice asked the Supreme Court on Friday to approve the “priorities policy” proposed by Homeland Security Secretary Alejandro Mayorkas that places limits on the illegal immigrants that federal agents can arrest and deport.

The administration is asking the court to issue a stay of enforcement against a lower court’s ruling that blocks the new Mayorkas rules.

In her application to the court, Solicitor General Elizabeth B. Prelogar said that the current case is important as a test of how much authority the administration has to enact immigration policies without judicial supervision.

She said that recent lawsuits have “enmeshed” the courts in policy disputes between the states and the federal government that she says should be “resolved through the democratic process.”

In addition to seeking a stay of the lower court’s order, Prelogar’s brief seeks permission from the Supreme Court to hear the full case on an expedited basis with full oral arguments this fall when the court’s new full term begins.

Prelogar seeks to skip past the appeals process in the Fifth Circuit Court of Appeals in New Orleans, which is not off to a good start for the administration. The preliminary ruling by the Fifth Circuit against Mayorkas found that the government’s arguments are “not in good faith” and “troubling.”

That court also hammered the Mayorkas policy for attempting to inject the Biden administration’s “equity agenda” into law enforcement decisions by Immigration and Customs Enforcement officers.

The Fifth Circuit’s ruling states that the DHS “replacement” of federal statutes passed by Congress with equity and race preferences is “extralegal.” That court found that Mayorkas had acted “plainly outside the bounds of the power conferred by the federal immigration law to Homeland Security.

The Mayorkas proposal instructs federal immigration law enforcement officers that they must focus almost exclusively on illegal aliens with records of severe violent crimes and those who have recently crossed into the U.S.

The proposed rules also require officers to “balance” cases by assessing which illegal aliens have been present in the country for a longer time, which ones might have families to support, or which have criminal records that are relatively older before an arrest can be made.

The Fifth Circuit found that Mayorkas’ new rules undermine federal law by creating a higher standard for agents before an illegal migrant can even be arrested.

Texas sued in federal court to block the new rules and presented evidence that they will allow many illegals who are in clear violation of federal law to remain free of law enforcement procedures nevertheless.

The application filed by the Biden administration on Friday was directed to Justice Samuel Alito for an initial response. He gave the State of Texas until Wednesday to file a formal response.