Supreme Court Delivers Bad News To Biden Admin On Immigration


OPINION: This article may contain commentary which reflects the author's opinion.

The U.S. Supreme Court recently delivered a round of crucial decisions on immigration. The nation’s highest court recently ruled that illegal aliens detained for six months do not have the legal right to a bond hearing for release.

“The decision addressed two separate cases involving three illegal aliens, two Mexican nationals that entered the U.S. illegally after being previously deported. After they were detained, they filed a putative class action for a bond hearing after six months of detention. The third illegal alien was from El Salvador and reentered the country illegally after being deported. He also sued in Washington federal court for a bond hearing. The case was brought to the high court under the Trump administration and was inherited by the Biden administration, which continued to pursue the previous administration’s fight,” the outlet reported.

“Respondents sought withholding of removal under the INA based on their fear that, if returned to their countries of origin, they would face persecution or torture,” liberal Justice Sonia Sotomayor wrote in the opinion.

The case was brought to Court under the Trump administration and was inherited by the Biden administration, which continued to pursue the previous administration’s fight.

Biden was criticized for the move, with the American Civil Liberties Union claiming the administration was “decidedly on the wrong side of this fight.”


In an opinion by Justice Samuel Alito, the court held that the statute does bar class-wide injunctive relief, leaving open the possibility of injunctive relief for multiple named plaintiffs.

Alito wrote, “It generally prohibits lower courts from entering injunctions that order federal officials to take or to refrain from taking actions to enforce, implement, or otherwise carry out the specified statutory provisions.”

The Supreme Court will be delivering several major rulings this year on immigration-related cases.

One of the cases being closely watched involves Title 42.

The Supreme Court ruled in December to keep the Trump-era rule in place for now, while other legal challenges to the policy play out in other courts. The court will hear arguments in the case in February before making a final decision.

Title 42 is a law giving the federal government the power to shut down the border as an emergency action. It was put in place under then-President Donald Trump in March 2020 and has prevented hundreds of thousands of migrants from seeking asylum in the U.S.

Trump used Title 42 in 2020 when the COVID pandemic broke out worldwide. Since it was enacted, over two million migrants have been expelled. President Joe Biden also left the rule in place.


One of the other major cases before the Supreme Court is the Deferred Action for Childhood Arrivals program that started under former President Barack Obama.

The Supreme Court has also been dealing with an internal investigation into who might have leaked a draft opinion in the landmark Dobbs v. Jackson case last May.

In an op-ed for the National Review titled, “The Left’s Assault on Judicial Independence Is Going to Get Someone Killed,” Texas Republican Sen. Ted Cruz warned that “progressive efforts to intimidate federal judges is dangerous not only to democracy but to the judges themselves,” arguing that the justice’s lives could be at risk.

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“Recently, the Washington Post printed an op-ed that called for a campaign of ‘shaming’ federal judges who dared to reach legal conclusions that differ from the author’s desired outcome. Through this ‘shame’ campaign, the author hopes the targeted judges will deliver rulings closer to what he prefers. This naked call for harassment is just the latest attempt by the Left to intimidate its enemies and politicize the Court,” Cruz wrote.

The security of documents at the Supreme Court was minimal and included what are called “burn bags” that were simply left in hallways, CNN reported.

The Supreme Court released its report last month into its investigation, which concluded without identifying the source of the leak to Politico last year.