A federal judge has struck down a Biden approach to the border crisis to prioritize certain crimes.
Biden’s administration had sent two memos to border agents to have them focus on those with serious criminal records.
Texas and Missouri challenged this and a judge ruled that agents should be able to target “overlooked” categories.
According to The Hill:
In a brief that begins by quoting a 1996 Senate Judiciary Committee Report noting the need to enforce immigration laws, Judge Drew Tipton argues that agents cannot be required to prioritize some groups of undocumented individuals over others.
“Government has instructed federal officials that ‘shall detain’ certain aliens means ‘may detain’ when it unambiguously mean[s] must detain. Thus, the court inquires whether the executive branch may direct officials to enforce a law enacted by Congress in a way that is contrary to the plain language of the law. That inquiry yields a clear answer: it may not,” he wrote.
The enforcement priorities laid out by the Biden administration in February deemed that those living in the U.S. undocumented would be considered a public safety threat if they’ve been convicted of an aggravated felony, a term that includes violent crimes but can include some serious but nonviolent offenses. The memo also encourages a focus on those involved in gang activity.
But Texas and Missouri argued this would prevent ICE agents from going after others with a criminal history.
Biden’s administration made it a priority to focus on a narrow subset of the immigrant population but this judge obviously disagreed.