SCOTUS hears arguments on Biden Administration immigration policies
DELMARVA – Tuesday, the U.S. Supreme Court (SCOTUS) heard arguments about how immigration law should be enforced. As the legal battle plays out, immigration advocates say individuals working towards residency or citizenship are left watching and waiting.
“The laws are always changing non stop. In criminal cases, murder is always going to be murder. A DUI is always going to be a DUI. But, with immigration, one day you may be considered removable, and the next day, you may not,” said Salisbury immigration attorney, Eduardo Gonzalez. “Sometimes I have to tell my clients, ‘Look, this isn’t the right time.’”
Arguments Given
The SCOTUS consideration comes as more than 11 million undocumented people are in the United States. Delaware State University Professor of Political Science Dr. Samuel Hoff says it began in September of 2021. That’s when U.S. Homeland Security Secretary Alejandro Mayorkas issued a directive that undocumented immigrants would not be automatically arrested and deported.
“The Administration and ICE agents, of which there are about 6,000, could use discretion, focusing on threats to national security. But also, consideration of the age of the person, how long they’ve been in the U.S., and whether they might have had military service,” said Dr. Hoff.
However, a Texas judge blocked that policy. The 5th U.S. Circuit Court of Appeals agreed with that judge’s decision, and the Biden Administration appealed.
“On the Administration’s side, they’re saying they don’t have the resources. They have 6,000 agents and 32,000 beds at the border. But, we know that there have been more than 2.3 million immigrants who have crossed the border with the Biden Administration, alone,” said Dr. Hoff.
Dr. Hoff says Biden’s supporters also argue that the numbers show 10,000 more people deported in 2022 than 2021. He adds, those supporters argue that the numbers speak for themselves; there is no need to go after every single undocumented person in the United States.
They also point to Florida Governor Ron DeSantis potentially exploiting migrants, says Dr. Hoff. Gov. DeSantis played a part in sending busses and planes carrying migrant people to northern states in recent months.
“What does that say about them demanding that they be arrested and immediately be deported. Instead of doing that, they’re letting them come north, and go with the relatives,” said Dr. Hoff.
However, those opposed to President Biden’s appeal say he’s not doing enough to handle immigration. “[Opponents say] they’re contradicting the Immigration and Nationality Act that requires arrest for serious felonies and human trafficking,” said Dr. Hoff. “They’ve shirked their responsibility, that it’s a safety issue from the state’s perspective. So, they’re worried about it from that perspective.”
Wait And See
As the arguments continue in Washington, D.C., Gonzalez says the results could have major impacts for those pursuing documentation or citizenship on Delmarva.
“If the law changes, people that would theoretically be able to benefit from that, which are many people in this area, wouldn’t be able to qualify. Then, what would end up happening is they’d be forced to fight their case,” said Gonzalez. “If the case is dismissed, it’s not like it’s a great thing for the client because that means they don’t have anything. They might not have a deportation order, but they also don’t have status in the country.”
Gonzalez feels immigration policy has become much more political in the past five years; an issue that impacts everyday people has become a talking point for politicians, he says.
“It’s basically just a convenient whipping boy for both the Democrats and the Republicans. They both like the situation as it is because they’re able to rally their base without actually doing anything,” said Gonzalez. “As an immigration practitioner, I wouldn’t want this particular Supreme Court to set that guidance, because obviously they’re going to be coming at it theoretically. If the numbers dictate what the policy would be, it would probably be a harder stance than what those who do immigration law would want.”
It’s a tough situation to be in, says Gonzalez. With millions of backlogged immigration cases, and now a SCOTUS challenge putting things on hold, undocumented people and immigrants on Delmarva are left playing a game of wait and see.
“It makes people like myself nervous because, again, we have no idea what that’s going to be. Just no idea,” said Gonzalez.
Looking Ahead
Dr. Hoff predicts the SCOTUS will narrowly side with President Biden’s appeal. He cites Chief Justice John Roberts and Associate Justice Brett Kavanaugh supporting the Biden Administration’s call to allow asylum seekers to stay in the United States. Dr. Hoff says another good indicator for President Biden is Associate Justice Amy Coney Barrett voting to allow his Administration to set immigration policy in July.
“When you take those three so-called conservative justices, and look at their actions in those two cases, I think you’d have to say that at least one, possibly two of them, will join a majority for the Administration,” said Dr. Hoff. “Conservatives are more likely to support executive authority in actions dealing with foreign affairs. So, that’s another rationale that I use in predicting that the Court will narrowly support the Biden Administration.”
If the SCOTUS does decide to take up the case, and ultimately rule in the Biden Administration’s favor, Dr. Hoff says he thinks the president could ask for more resources. But of course, Dr. Hoff says that would not come without compromise.
“If I was President Biden, I would argue now is the time to put up or shut up in terms of the resources that you’re telling us we have to do this with. We need more ICE agents, we need more beds at the border,” said Dr. Hoff. “That has implications for all of us, in the sense of our budget, which we already know is challenged in terms of going into deficit territory.”
