The Concerning Implications of Texas’s Claim to Standing in United States v. Texas

In a sign of the case’s importance, oral arguments stretched over two hours when the Supreme Court heard United States v. Texas on November 29, 2022. United States v. Texas concerns “the Biden administration’s authority to set immigration policy.” Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas enacted the policy at issue: prioritizing groups of noncitizens to be detained and deported. This prioritization is rooted in the fact that DHS does not have the resources to detain and deport the “over 11 million noncitizens currently in the United States who could be subject to deportation.” Texas sued the federal government, arguing that it “does not have the authority to prioritize some unauthorized immigrants for deportation while downplaying others.” This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 6, 2023. The original post can be accessed via the Archived Link button above