Supreme Court to Hear Cases on Immigration Enforcement

The Supreme Court has several cases on the docket for December that will question the future of immigration enforcement. Keep reading to learn more.


During the Trump Administration, Immigration and Customs Enforcement (ICE) officers were empowered to arrest and deport anyone living in the United States without authorization. The agency took this directive to heart and began a militaristic regime of secret police and mass arrests.

However, when Biden was elected to office, the new administration paused these extreme efforts and stated that instead of arrests and deportations, the agency should prioritize individuals who pose a threat to border and National security.

These official directives are commonplace in the immigration system especially with enforcement procedures, but the issue of prosecutorial discretion or the power to prosecute has been brought into question. Under Trump, ICE agents were given prosecutorial discretion to arrest and deport immigrants in the country illegally.

Under the Biden administration however, ICE is required to only use prosecutorial discretion for extreme threats to national security. This dichotomy led to many lawsuits that argue that the current policy goes beyond what should be the executive branch’s purview.

Trouble Down South

Texas and Louisiana in particular have been vocal about concerns regarding the potential for mass influxes of migrants if the border enforcement policies were softened. Both states brought their case to federal court and won. They argued that only Congress can change an agency’s power and that the President acted unconstitutionally by attempting to make a call on immigration enforcement.

The Supreme court will evaluate both cases among others and decide whether the current policy can stand and who can make the final call in the future. If the original ruling is upheld, many worry that heavy handed and discriminatory enforcement practices could resume or even worsen over time.

Your Rights

If you are an immigrant, you have legal rights in the United States. Sintsirmas & Mueller Co. L.P.A. believes that those who seek a new life in the U.S. deserve comprehensive legal support and we work tirelessly to defend clients against removal and other legal matters.

Contact Sintsirmas & Mueller Co. L.P.A. today for more information.