Heritage Experts: Supreme Court’s Procedural Decision Jeopardizes States’ Ability to Protect Themselves Against Criminal Aliens

Heritage Experts: Supreme Court’s Procedural Decision Jeopardizes States’ Ability to Protect Themselves Against Criminal Aliens

Jun 23, 2023 7 min read

WASHINGTONThe U.S. Supreme Court’s decision Friday in U.S. v Texas held that Texas and Louisiana lacked Article III standing to challenge the Biden administration’s immigration enforcement policies.

Heritage Foundation senior legal fellow Hans von Spakovsky released the following statement:

“This opinion says the Constitution limits the power of the federal judiciary and state governments to remedy a reckless president and his policy of refusing to properly and vigorously enforce federal immigration law. It is important to realize that this was a procedural decision based on a lack of standingthe inability of the state governments to bring such a claim against the executive branch. The Supreme Court was very careful to say this was not a ruling on the Biden administration’s lack of compliance with federal law, which must be remedied by Congress and potentially voters through the election process.

 

We cannot overemphasize the seriousness of the dire public safety consequences posed by the Biden administration’s refusal to arrest and deport dangerous criminal aliens.”

Lora Ries, director of Heritage's Border Security and Immigration Center, released the following statement:

“The majority opinion disregards the District Court’s finding of costs that states have accrued from release of aliens per the Department of Homeland Security secretary’s memo. Meanwhile, numerous other state lawsuits are pending against the Biden administration for similar costs from additional clear violations of immigration law. Today’s decision raises worrisome questions as to the future of those cases and states’ ability to protect themselves and their residents.”