Until the High Court issues the final ruling, the fate of those trying to migrate to the U.S. will be determined by ICE.
to allow Biden to end the Trump-era Remain in Mexico policy, it is still unclear what the Supreme Court will decide regarding deportations. In the interim, the fate of immigrants attempting to migrate to the country will be in the hands of local Immigration and Customs Enforcement officers’ own determinations.
“It’s not entirely clear, to be honest, to us as advocates what ICE officers might be following right now,” Gupta said. “What fills in is not really clear, it doesn’t mean they automatically revert to an old set of priorities. There’s really just … no clear answer. At the heart of the legal battle is a question about how much discretion and authority the Biden administration has under current immigration laws to set priorities for how it enforces U.S. civil immigration laws and whether states have the standing to sue against those priorities. In the current political landscape where conservative courts are siding with states’ rights, this could be another push in that direction.
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