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The Supreme Court will not allow President Biden’s administration to implement a policy that prioritizes deporting people who are in the country illegally and pose a greater risk to public safety.
The court’s order Thursday leaves the policy unchanged nationwide for now. The vote was 5-4 with conservative Justice Amy Coney Barrett joining liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in saying they would have allowed the Biden administration to implement the guidance.
The court also announced that it would hear arguments in the case at the end of November.
The justices were acting on the administration’s urgent request to the court after conflicting federal appeals court rulings on a September directive from the Department of Homeland Security that barred deportation unless individuals had committed acts of terrorism, espionage or “egregious threats to public safety.”
A federal appeals court in Cincinnati earlier this month overturned a district judge’s order that put the policy on hold in a lawsuit filed by Arizona, Ohio and Montana.
But in a separate lawsuit filed by Texas and Louisiana, a federal judge in Texas ordered a nationwide ban on the instruction, and a federal appeals panel in New Orleans declined to intervene.
In their Supreme Court filing, Texas and Louisiana argued that the administration’s guidance violates federal law requiring the detention of people who are in the U.S. illegally and who have been convicted of serious crimes. States said they would face increased costs to detain people the federal government might allow to remain free inside the United States despite their criminal records.
The guidance, issued after Mr. Biden became president, updated a Trump-era policy that deported people who were in the country illegally, regardless of criminal history or community ties./Voa
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