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“Mostly About Common Sense” – David Leopold Analyzes Today’s Immigration Enforcement SCOTUS Hearing

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Washington, DC – Today, the U.S. Supreme Court heard oral arguments in a case brought by the Republican-controlled states of Texas and Louisiana challenging the Biden administration’s ability to set common sense immigration enforcement priorities. Deporting all 11 million undocumented immigrants living and working in the U.S. is logistically impossible and economically suicidal, yet red state Republican leaders are challenging the federal government’s ability to make decisions on who is prioritized for enforcement and deportation. 

The following is a statement from David Leopold, Legal Advisor to America’s Voice, past president, American Immigration Lawyers Association (AILA) and Immigration Group Leader, Ulmer & Berne LLP:

“Today’s Supreme Court hearing should have been mostly about common sense. Will the judiciary limit the executive branch’s common sense ability to target immigration enforcement resources against public safety threats and not against Dreamers, essential workers, and other long-settled undocumented immigrants? 

The Biden administration’s approach to focus resources against public safety threats is a smart approach for using what had previously been long-settled executive branch powers. But, despite that fact and despite the reality that Congress enacted a law requiring the executive branch to set immigration enforcement priorities, the Republican anti-immigrant judicial pipeline has once again reared its head and now threatens common sense in favor of chaos. This red state lawsuit, like many others, is being done in service of the nativist fantasy that all 11 million undocumented immigrants can be forcefully removed from the U.S. or that doing so would be helpful and not deeply harmful to our national public safety and economic interests. 

Meanwhile, today’s hearing was another call to action for Congress to take action and deliver a legislative solution that addresses the uncertain futures and status of Dreamers and other long-settled undocumented populations who are ‘low priority’ for immigration enforcement but who could be directly impacted if Republicans prevail in the courts. Those of us who want a country guided by common sense, the rule of law and adherence to the separation of powers should be following today’s case closely.”