The Supreme Court is refusing to restore the Biden administration’s immigration policy that limited who Homeland Security authorities could arrest and deport.
The guidance, which was instituted in a memorandum last September, instructed officials to prioritize the deportation of illegal immigrants who pose the greatest national security or public safety risk.
Last month, a Texas judge blocked the order, saying the directive was unlawful and the administration had overstepped its ‘bounds set by Congress.’
In its order Thursday, the high court left the policy frozen nationwide and instead set the case for oral arguments during the first week of December.
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 put in place the guidance.
The order is the first public vote by Jackson since she joined the court June 30 following the retirement of Justice Stephen Breyer.