A policy enacted last year which limited who law enforcement can arrest and deport was thrown out last week by Federal Judge Tipton in Texas. The Department of Homeland Security’s policy directed law enforcement to “prioritize” threats to public safety and/or national security after Director Mayorkas said that the basis for an arrest or removal should not be based solely on an individual’s presence in the United States without authorization.
The Biden Administration stated that that the policy was a reasonable exercise of prosecutorial discretion. Judge Tipton disagreed writing “The Executive Branch may prioritize its resources. But it must do so within the bounds set by Congress. Using the words ‘discretion’ and ‘prioritization,’ the Executive Branch claims the authority to suspend statutory mandates. The law does not sanction this approach.”
The order was stayed for seven days in order to give the current administration a chance to appeal.