Saturday, November 26, 2022
Amanda Frost: In major immigration case, both sides look to academia to untangle three knotty questions
"Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does the Administrative Procedure Act give lower courts the power to vacate them — a universal remedy that goes beyond the parties to the case? These are the three questions before the Supreme Court in United States v. Texas, set to be argued on Nov. 29. Legal scholars have addressed all three issues, and their work is prominently cited in the briefing on both sides."
The SCOTUSBlog.com page for United States v. Texas encapsulated the questions presented by the case as follows:
"(1) Whether state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; (2) whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2)."