Supreme Court Blocks GOP Attorneys General from Asylum Ban Case.
The U.S. Supreme Court has dismissed a case from five Republican attorneys general who sought to take over the defense of an asylum ban implemented by the Biden administration last year.
Immigrants’ rights groups have opposed the ban, which was introduced in May 2023. This rule limited asylum crossings at the southwest border. The federal government defended the ban as essential for border security, especially after lifting the pandemic-related Title 42 restrictions.
In February, while the ban remained on hold, the Biden administration shifted strategies and began settlement talks with the immigrant rights groups. This change raised concerns among the Republican states involved.
Led by Kansas Attorney General Kris Kobach, the group argued that they needed to intervene to support the asylum rule. They claimed the Departments of Homeland Security and Justice had neglected their duties concerning illegal immigration.
In a separate case, migrants were seen waiting for processing at the U.S.-Mexico border. This incident highlights ongoing challenges related to Biden’s efforts to reduce southwest border crossings, which have faced multiple legal obstacles.
A Ninth Circuit judge halted the case (Kansas v. Mayorkas) in May 2024. The judge stated that the Republican states “do not have a significant protectible interest” in enforcing the asylum rule or in limiting immigration.
This ruling aligns with other judicial decisions affirming the federal government’s authority over immigration and border security. These rulings date back to a 2012 Supreme Court case in Arizona.
Despite this, Republican-led states have tried several times to enact their own immigration laws, whether or not they are near the southwest border. However, lower courts have blocked these efforts, raising the possibility of hearings in a Supreme Court that has changed significantly over the past decade.
The states of Kansas, Alabama, Georgia, Louisiana, and West Virginia appealed to the U.S. Supreme Court, hoping to overturn the Ninth Circuit’s ruling. However, the court declined to hear the case on Monday.
The American Civil Liberties Union (ACLU), which challenged the asylum ban, welcomed the Supreme Court’s decision.
“We are pleased that the Court denied review,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. States cannot intervene in litigation simply because they disagree with federal immigration policy.
Following the May 2023 ban, President Biden introduced an executive order in June 2024 that further restricted border crossings. This new order caps daily crossings at 1,500. For entries to resume, encounters must stay below this limit for 28 consecutive days.
Recent data from U.S. Customs and Border Protection show that arrests at the border have decreased in recent months, falling significantly below levels seen in 2022 and much of 2023.
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