FACTS:
The Biden administration issued new guidance that would require ICE to review an immigrant’s entire criminal and administrative record and assess the totality of the circumstances before it could issue a removal order. The State of Arizona filed a lawsuit challenging this guidance on the ground that the US President lacked authority to issue it.
LEGAL THEORY:
The US President has discretion over immigration enforcement, which in this case would permit him to require a more compassionate, case-by-case approach to immigration enforcement.
STATUS:
We filed our amicus brief in the US District Court for the Southern District of Ohio on December 27, 2021. Oral argument took place February 16, and we expect a ruling soon.
