{"id":8575,"date":"2022-08-10T16:28:37","date_gmt":"2022-08-10T16:28:37","guid":{"rendered":"http:\/\/lonecandle.com\/?p=8575"},"modified":"2022-08-10T16:28:37","modified_gmt":"2022-08-10T16:28:37","slug":"the-supreme-court-just-let-a-trump-judge-seize-control-of-ice-at-least-for-now","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=8575","title":{"rendered":"The Supreme Court just let a Trump judge seize control of ICE, at least for now"},"content":{"rendered":"\n

\n\n“the Supreme Court handed down a brief, 5-4 decision<\/a> that effectively places Drew Tipton<\/a>, a Trump-appointed federal trial judge in Texas, in charge of many of Immigration and Customs Enforcement\u2019s (ICE) decisions about which immigrants to target.<\/p>\n\n\n\n

The decision was largely along party lines, except that Justice Amy Coney Barrett joined the Court\u2019s three Democratic appointees.<\/p>\n\n\n\n

The decision in United States v. Texas<\/em> is temporary, but the upshot of this decision is that Tipton will effectively wield much of Homeland Security Secretary Alejandro Mayorkas\u2019s authority over how ICE officers prioritize their time for as much as an entire year \u2014 and that\u2019s assuming that the Biden administration ultimately prevails when the Court reconsiders this case next winter.<\/p>\n\n\n\n

At issue in this case is a perfectly standard decision Mayorkas made last September. Federal law provides that the secretary of homeland security \u201cshall be responsible\u201d for \u201cestablishing national immigration enforcement policies and priorities<\/a>.\u201d Pursuant to this authority, Mayorkas issued a memo to ICE\u2019s acting director<\/a>, informing him that the agency should prioritize enforcement efforts against undocumented or otherwise removable immigrants who \u201cpose a threat to national security, public safety, and border security and thus threaten America\u2019s well-being.\u201d<\/p>\n\n\n\n

Then-secretaries of homeland security issued similar memos<\/a> setting enforcement priorities in 2000, 2005, 2010, 2011, 2014, and 2017<\/a>.<\/p>\n\n\n\n

Not long after Mayorkas handed down his memo, however, the Republican attorneys general of Texas and Louisiana went to Tipton, a Trump judge with a history of handing down legally dubious decisions<\/a> halting Biden administration immigration policies, asking Tipton to invalidate Mayorkas\u2019s memo. Tipton obliged, and an especially conservative panel of the United States Court of Appeals for the Fifth Circuit allowed Tipton\u2019s order to remain in effect.<\/p>\n\n\n\n

DOJ asked the Supreme Court to stay Tipton\u2019s decision<\/a>, temporarily restoring an elected administration\u2019s control over federal law enforcement while this case proceeds. But the Court just refused<\/a>. And it did so without explanation.”<\/p>\n\n\n\n

https:\/\/www.vox.com\/2022\/7\/21\/23273467\/supreme-court-ice-texas-united-states-biden-mayorkas<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“the Supreme Court handed down a brief, 5-4 decision that effectively places Drew Tipton, a Trump-appointed federal trial judge in Texas, in charge of many of Immigration and Customs Enforcement\u2019s (ICE) decisions about which immigrants to target.<\/p>\n

The decision was largely along party lines, except that Justice Amy Coney Barrett joined the Court\u2019s three Democratic appointees.<\/p>\n

The decision in United States v. Texas is temporary, but the upshot of this decision is that Tipton will effectively wield much of Homeland Security Secretary Alejandro Mayorkas\u2019s authority over how ICE officers prioritize their time for as much as an entire year \u2014 and that\u2019s assuming that the Biden administration ultimately prevails when the Court reconsiders this case next winter.<\/p>\n

At issue in this case is a perfectly standard decision Mayorkas made last September. Federal law provides that the secretary of homeland security \u201cshall be responsible\u201d for \u201cestablishing national immigration enforcement policies and priorities.\u201d Pursuant to this authority, Mayorkas issued a memo to ICE\u2019s acting director, informing him that the agency should prioritize enforcement efforts against undocumented or otherwise removable immigrants who \u201cpose a threat to national security, public safety, and border security and thus threaten America\u2019s well-being.\u201d<\/p>\n

Then-secretaries of homeland security issued similar memos setting enforcement priorities in 2000, 2005, 2010, 2011, 2014, and 2017.<\/p>\n

Not long after Mayorkas handed down his memo, however, the Republican attorneys general of Texas and Louisiana went to Tipton, a Trump judge with a history of handing down legally dubious decisions halting Biden administration immigration policies, asking Tipton to invalidate Mayorkas\u2019s memo. Tipton obliged, and an especially conservative panel of the United States Court of Appeals for the Fifth Circuit allowed Tipton\u2019s order to remain in effect.<\/p>\n

DOJ asked the Supreme Court to stay Tipton\u2019s decision, temporarily restoring an elected administration\u2019s control over federal law enforcement while this case proceeds. But the Court just refused. And it did so without explanation.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[790,221,927,844,25,332,1489,1213,281,1255,528],"class_list":["post-8575","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-courts","tag-donald-trump","tag-executive","tag-ice","tag-immigration","tag-judge","tag-judges","tag-judiciary","tag-law-enforcement","tag-separation-of-powers","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8575","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8575"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8575\/revisions"}],"predecessor-version":[{"id":8576,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8575\/revisions\/8576"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}