Biden Admin Handed Major Victory By Supreme Court in Prioritizing Deportations

Posted on 06/24/23

On June 23rd, the United States Supreme Court sided with the Biden administration in an 8-1 decision, with Justice Brett Kavanaugh authoring the majority opinion. The ruling upheld the Immigration guidelines set forth by the Biden Administration that prioritized the deportation of illegal immigrants with serious criminal convictions and those who posed national security risks to the United States. Immigration and Customs Enforcement will now be granted the flexibility of prosecutorial discretion and enforce the guidelines set forward by the Department of Homeland Security (DHS).

The mission of DHS is evident in its departure from the previous administration’s approach of conducting “prompt proceedings.” The focus now is to ensure a fair execution of justice, taking into account all relevant factors as determined by ICE prosecutors. With Federal District and Supreme Court legal entanglements put to rest, DHS now holds the authority to implement prosecutorial guidelines and prioritize deportations based on its own discretion.

In the Majority opinion of the Supreme Court, the justices outlined that, “The States have not cited any precedent, history, or tradition of courts ordering the Executive Branch to change its arrest or prosecution policies so that the Executive Branch makes more arrests or initiates more prosecutions. On the contrary, this Court has previously ruled that a plaintiff lacks standing to bring such a suit.”

What Was at Issue?

The Biden administration sought to prioritize deportations due to limited resources and the excessive number of illegal immigrants in the country. The memorandum issued by Secretary of Homeland Security Alejandro Mayorkas on September 30, 2021, titled “Guidelines for the Enforcement of Civil Immigration Law,” established the following key priorities for deportation execution under the Biden administration:

National Security Threats

  • The individual has engaged in terrorism 
  • Engaged in espionage against the United States
  • Deportation or removal will improve the national security of the United States

Border Security Threats

  • Not physically present in the United States on or before November 1st, 2020
  • Apprehended at a port of entry on or after November 1st, 2020

Public-Safety Threats

  • Convicted of an aggravated felony
  • An individual’s criminal activity and history will be factored in the decision
  • Actively and willingly participated in gang activities or convicted of gang-related offenses

There are several exceptions set forward that protect the civil liberties of illegal immigrants to ensure fair practices are upheld and in line with U.S. immigration processes on deportation and removal proceedings. 

The Supreme Court majority opinion further expounded that, “In light of inevitable resource constraints and regularly changing public-safety and public-welfare needs, the Executive Branch must balance many factors when devising arrest and prosecution policies. That complicated balancing process in turn leaves courts without meaningful standards for assessing those policies.”

Our office will closely monitor how the Biden administration intends to proceed with the implementation of prosecution guidelines after the Supreme Court ruling. To stay informed about immigration-related developments, we highly recommend monitoring the USCIS website and subscribing to our newsletter list here.

Why Hire an Immigration Attorney

Navigating immigration law is an intricate and ever-changing process. It requires diligence and a comprehensive understanding of immigration law to ensure facts are clearly presented to establish an accurate narrative. Entrusting an attorney to handle the complexities can make all the difference. The last thing you want is for your case to be denied due to incomplete or inaccurate information. An immigration attorney will work closely with you, answering your questions and providing sound legal guidance to develop a legal strategy that prioritizes your best interests and potentially offers a favorable outcome. From the moment you retain our services, an immigration attorney will be dedicated to working on your behalf. Your interests are our interests, and we ultimately aim to ensure that you receive honest and competent representation. 

Selecting the right attorney will depend on the specifics of your case. Since immigration cases are unique and have their own set of facts, it’s crucial to find an attorney who specializes in matters relevant to your situation. Consider the attorney’s level of experience and whether they have handled cases similar to yours in the past. Numerous factors contribute to a positive attorney-client experience. It’s always helpful to review the information provided on the attorney’s website and read feedback from previous clients. This will give you a better understanding of the type of attorney you may work with for your immigration case. Remember that in order for your case to be successful it will take an effort to communicate with your attorney and be as transparent as possible. 

Contact Our Connecticut Immigration Law Firm

Are you or someone you care about in need of immigration assistance? For nearly two decades, the Law Offices of James A. Welcome has delivered competent legal representation to our clients in Connecticut. With five offices located in West Hartford, Waterbury, Norwalk, Danbury, and Torrington you can have confidence knowing we are conveniently located to support your legal needs. 

When partnering with our law firm you can expect prompt communications and personable representation. Our legal strategies are fortified by a comprehensive examination of evidence and a thorough understanding of immigration laws. The immigration journey can be discouraging and stressful, but with the guidance of a competent legal team by your side, it can make a significant difference in realizing your American Dream. At the Law Offices of James A. Welcome, we embrace legal challenges and take action on behalf of our clients to protect their legal rights. We are unwavering in our commitment to fighting against injustices and will vigorously advocate for our client’s interests from retainment to resolution. With a meticulous examination of each case’s facts, we increase the prospects of obtaining a satisfactory outcome. We understand what it takes to deliver results for our clients and encourage you to schedule a consultation with our legal team to explore how we may be able to assist you.

To begin your immigration journey, contact Attorney James A. Welcome at (203) 753-7300 or send our team an email at Our top-notch legal team is ready to assist you with your legal matter and answer your most pressing questions with a confidential immigration consultation.