Biden v. Texas, 597 U.S. ___ (2022)
In 2019, the Department of Homeland Security implemented the Migrant Protection Protocols (MPP): certain non-Mexican nationals arriving by land from Mexico were returned to Mexico to await the results of their removal proceedings. Immigration and Nationality Act (INA) section 1225(b)(2)(C) provides: “In the case of an alien ... who is arriving on land ... from a foreign territory contiguous to the United States, the [Secretary] may return the alien to that territory pending a proceeding under section 1229a.” The Biden administration later suspended the program. The Fifth Circuit affirmed an order enjoining the termination of MMP.
The Supreme Court reversed. The rescission of MPP did not violate INA section 1225. The contiguous-territory return authority in section 1225(b)(2)(C) is discretionary and remains discretionary notwithstanding any violation of section 1225(b)(2)(A), which provides for mandatory detention of such aliens. Since its enactment, every Presidential administration has interpreted section 1225(b)(2)(C) as discretionary, notwithstanding the consistent shortfall of funds to comply with section 1225(b)(2)(A). Interpreting section 1225(b)(2)(C) as a mandate imposes a significant burden upon the Executive’s ability to conduct diplomatic relations with Mexico. The availability of parole as an alternative means of processing applicants for admission (section 1182(d)(5)(A)), additionally makes clear that the Court of Appeals erred.
The Court of Appeals also erred to the extent it understood itself to be reviewing an abstract decision apart from the specific agency actions contained in memoranda in which the Secretary of Homeland Security terminated MMP.
The rescission of the Migrant Protection Protocols (remain in Mexico) did not violate the Immigration and Nationality Act.
- Elizabeth B. Prelogar for the Petitioners; Judd E. Stone, II for the Respondents
Majority
- Chief Justice John Roberts (Author)
Held: The Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda constituted final agency action.
| Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kavanaugh, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Thomas and Gorsuch, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined as to all but the first sentence. |
| Letter of Joseph R. Biden, Jr., President of the United States, et al. submitted. |
| Letter from the Solicitor General providing update regarding statistical corrections to reports cited in their petition filed. (Distributed) |
| Supplemental Reply for Respondents Texas, et al. filed. (Distributed) |
| Supplemental Reply for Respondents of Texas submitted. |
| Supplemental Reply Brief for the Petitioners of Joseph R. Biden, Jr., President of the United States, et al. submitted. |
| Supplemental reply brief for respondents Texas, et al. filed. (Distributed) |
| Supplemental reply brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed) |
| Amicus brief of National Immigrant Justice Center submitted. |
| Amicus brief of American Civil Liberties Union submitted. |
| Supplemental Brief of Texas submitted. |
| Amicus brief of States of Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia submitted. |
| Amicus brief of Public Citizen submitted. |
| Supplemental brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed) |
| Amicus brief of America First Legal Foundation submitted. |
| Supplemental Brief of Joseph R. Biden, Jr., President of the United States, et al. submitted. |
| Supplemental amicus curiae brief of America First Legal Foundation filed. (Distributed) |
| Supplemental amicus curiae brief of American Civil Liberties Union in support of neither party filed. (To Be Recovered) (Distributed) |
| Supplemental amicus curiae brief of Public Citizen filed. (Distributed) |
| Supplemental amicus curiae brief of National Immigrant Justice Center filed. (Distributed) |
| Supplemental amici curiae brief of Indiana, et al. filed. (Distributed) |
| Supplemental brief of respondents Texas, et al. filed. (Distributed) |
| Supplemental amicus curiae brief of Immigration Reform Law Institute filed. (Distributed) |
| Supplemental Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| Amicus brief of Immigration Reform Law Institute submitted. |
| The parties are directed to file supplemental briefs addressing the following questions: (1) Whether 8 U. S. C. §1252(f)(1) imposes any jurisdictional or remedial limitations on the entry of injunctive relief, declaratory relief, or relief under 5 U. S. C. §706. (2) Whether such limitations are subject to forfeiture. (3) Whether this Court has jurisdiction to consider the merits of the questions presented in this case. The briefs, not to exceed 6,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Monday, May 9, 2022. Amicus curiae briefs, not to exceed 3,000 words, may be filed with the Clerk and served upon counsel on or before 5 p.m., Monday, May 9, 2022. Reply briefs, not to exceed 3,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 5 p.m., Friday, May 13, 2022. |
| Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| Letter filed. (Distributed) |
| Letter of Joseph R. Biden, Jr., President of the United States, et al. submitted. |
| Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed) |
| Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed) |
| Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed) |
| Brief amici curiae of Indiana, et al. filed. (Distributed) |
| Brief amicus curiae of Center for Immigration Studies filed. (Distributed) |
| Brief amicus curiae of Landmark Legal Foundation filed. (Distributed) |
| Brief amicus curiae of America First Legal Foundation filed. (Distributed) |
| Brief amicus curiae of Advancing American Freedom filed. (Distributed) |
| Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed) |
| Brief of respondent Texas filed. (Distributed) |
| Record from the U.S.C.A. 5th Circuit is electronic and located on PACER. |
| Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed. |
| CIRCULATED |
| Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed. |
| Brief amici curiae of State of Illinois, et al. filed. |
| Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed. |
| Brief amici curiae of The Border Project and the National Immigrant Justice Center filed. |
| Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. |
| Brief amici curiae of Administrative Law Professors filed. |
| Brief amici curiae of 25 Cities and Counties filed. |
| Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed. |
| Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed. |
| Brief amicus curiae of Public Citizen filed. |
| Brief amicus curiae of Professor Benjamin Eidelson filed. |
| Record requested from the U.S.C.A. 5th Circuit. |
| ARGUMENT SET FOR Tuesday, April 26, 2022. |
| Blanket Consent filed by Respondent, Texas |
| Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. |
| Joint appendix filed. (Statement of cost filed.) |
| Joint appendix filed. |
| Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al. |
| Petition GRANTED. The case will be set for argument in the second week of the April 2022 argument session. Petitioners' brief on the merits is to be filed on or before Monday, March 14, 2022. Respondents' brief on the merits is to be filed on or before Thursday, April 7, 2022. The reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 20, 2022. |
| DISTRIBUTED for Conference of 2/18/2022. |
| Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed) |
| Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed. |
| Brief of respondents Texas, et al. in opposition filed. |
| Response to motion to extend the time to file a response filed. |
| Motion to extend the time to file a response DENIED. |
| Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk. |
| Petition for a writ of certiorari filed. (Response due January 28, 2022) |
