United States v. Texas
United States Supreme Court
599 U.S. 670 (2023)
- Written by Jamie Milne, JD
Facts
In 2021, the Department of Homeland Security (department) (defendant) issued guidelines establishing priorities regarding the arrest and removal of noncitizens falling within certain categories. Texas and Louisiana (plaintiffs) sued the department, arguing that the guidelines violated the Immigration and Nationality Act because that act required the detention of additional persons not included in the guidelines’ priority listings. Texas and Louisiana argued that the guidelines therefore increased the number of persons with criminal convictions and orders of removal who were being released into the states, requiring the states to expend additional funds on things like healthcare and law enforcement. The district court held in Texas and Louisiana’s favor and issued a judgment vacating the guidelines, claiming it had authority to do so under the Administrative Procedure Act (APA). The court of appeals declined to stay the district court’s judgment, and the United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Kavanaugh, J.)
Concurrence (Barrett, J.)
Concurrence (Gorsuch, J.)
Dissent (Alito, J.)
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