The court left in place a lower ruling that stopped the Biden administration from setting new enforcement priorities for illegal immigrants, delaying the issue until early December when it will hear oral arguments.
According to NBC News:
The court denied an emergency request from the Justice Department to put a hold on a ruling issued by a federal judge in Texas, which had stopped the Department of Homeland Security from focusing its enforcement efforts on undocumented immigrants considered to pose the greatest threat.
A similar directive setting enforcement policy was in effect during the Obama administration, but it was replaced by a more aggressive approach during the Trump administration, which took the position that a broad range of people here illegally should be deported. Under President Joe Biden, DHS sought to restore the earlier priorities.
Texas and Louisiana sued to block the revised policy. They said it required border states to shoulder a greater enforcement burden and would put a financial strain on state social service budgets.
The states also said the policy would not require the detention of the worst offenders, including those convicted of crimes of moral turpitude, drug offenders, or human traffickers. Instead, the policy directed that they be subjected to the same “totality of the facts and circumstances analysis” as other undocumented immigrants, lawyers for the states said.
U.S. District Court Judge Drew Tipton ruled for the states, imposing a nationwide injunction forbidding the government to enforce the Mayorkas policy. The U.S. Court of Appeals for the Fifth Circuit, based in New Orleans, allowed Tipton’s order to remain intact, so the Biden administration sought a stay from the Supreme Court.