Ca_Law

case_law | United States Federal

Biden v. Texas

Summary

The Government’s rescission of Migrant Protection Protocols did not violate section 1225 of the Immigration and Nationality Act, and the then-Secretary of Homeland Security’s October 29 Memoranda constituted valid final agency action.

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Retrieval chunks

  • #1

    PRELIMINARY PRINT Volume 597 U. S. Part 2 Pages 785–840 OFFICIAL REPORTS OF THE SUPREME COURT June 30, 2022 REBECCA A. WOMELDORF reporter of decisions Page Proof Pending Publication NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to noti…

  • #2

    violation of section 1225 as illegal entrants were released into the United States. Second, the District Court concluded that the June 1 Memorandum was arbitrary and capricious in violation of the APA. The District Court vacated the June 1 Memorandum and remanded to DHS. It also imposed a nationwide injunction ord…

  • #3

    prives courts of the power to issue a specifc category of remedies: those that “enjoin or restrain the operation of ” the relevant sections of the statute. And Congress included that language in a provision whose title—“Limit on injunctive relief”—makes clear the narrowness of its scope. Moreover, the provision co…

  • #4

    fict with the unambiguous, express term “may.” 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). The historical context in which section 1225(b)(2)(C) was adopted con- frms the plain import of its …

  • #5

    nett v. Spear, 520 U. S. 154, 178. The various rationales offered by respondents and the Court of Ap- peals in support of the contrary conclusion lack merit. First, the Court of Appeals erred to the extent it understood itself to be reviewing an abstract decision apart from the specifc agency actions contained in …

  • #6

    ant Attorney General Boynton, Deputy Solicitor General Gannon, Michael R. Huston, Austin L. Raynor, Erez Reu- veni, and Brian Ward. Judd E. Stone II, Solicitor General of Texas, argued the cause for respondents. With him on the brief were Ken Paxton, Attorney General, Brent Webster, First Assistant Attorney Gene…

  • #7

    Cities et al. by Daniel R. Suvor, Kevin Morrow, Leslie J. Girard, Diana P . Cortes, Christopher J. Caso, Kristin M. Bronson, Lyndsey M. Olson, William C. Fosbre, Arturo G. Michel, and Michael Feuer; and for 61 Immi- gration Advocacy and Legal Service Organizations by Karen C. Tumlin, Esther H. Sung, Jane Petersen …

  • #8

    the United States. The District Court also held that the attempted rescission of the program was inadequately ex- plained in violation of the Administrative Procedure Act. While its appeal was pending, the Government took new ac- tion to terminate the policy with a more detailed explana- tion. But the Court of Ap…

  • #9

    a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.” § 1225(b)(2)(A). Due to consistent and signifcant funding shortfalls, however, DHS has never had “suffcient detention capacity to maintain in custody every single person de- scribed in section 1225.” …

  • #10

    gagement with the Government of Mexico,” given the “sig- nifcant attention that it draws away from other elements that necessarily must be more central to the bilateral rela- tionship.” Id., at 357a. For those and other reasons, the Secretary announced that he was “by this memorandum ter- minating the MPP program…

  • #11

    junction ordering the Government to “enforce and imple- ment MPP in good faith until such a time as it has been lawfully rescinded in compliance with the APA and until such a time as the federal government has suffcient detention capacity to detain all aliens subject to mandatory detention under [section 1225] wi…

  • #12

    decrease in border encounters following the determination to implement MPP across the southern border.” Id., at 261a. But he nonetheless concluded that the program's “benefts do not justify the costs, particularly given the way Page Proof Pending Publication Page Proof Pending Publication 796 BIDEN v. TEXAS Opi…

  • #13

    Memorandum, the October 29 Memoranda, and “any other subsequent memos,” which it held “simply explained DHS's decision.” Ibid. The Court of Appeals then criticized the Government for proceeding “without a hint of an intention to put the Termination Decision back on the chopping block and rethink things,” and for …

  • #14

    Absent section 1252(f)(1), the District Court clearly had federal question jurisdiction over respondents' suit, which asserted claims arising under two federal statutes, the INA and the APA. See 28 U. S. C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Consti…

  • #15

    out seems directed at precisely the question before us here: whether section 1252(f)(1)'s “[l]imit on injunctive relief” has any consequence for the jurisdiction of this Court. Con- gress took pains to answer that question in the negative. Interpreting section 1252(f)(1) to deprive this Court of juris- diction un…

  • #16

    ward conclusion. Most relevantly, the Court previously en- countered a virtually identical situation in Nielsen v. Preap, 586 U. S. ––– (2019). There, as here, the plaintiffs sought declaratory as well as injunctive relief in their complaint, and there, as here, the District Court awarded only the latter. Yet thi…

  • #17

    federal court has subject-matter jurisdiction to adjudicate claims”). Section 1252(f)(1) no doubt deprives the lower courts of “jurisdiction” to grant classwide injunctive relief. See Aleman Gonzalez, 596 U. S., at 548. But that limitation poses no obstacle to jurisdiction in this Court. 4 III We now turn to th…

  • #18

    for a proceeding under section 1229a of this title.” Re- spondents and the Court of Appeals thus urge an inference from the statutory structure: Because section 1225(b)(2)(A) makes detention mandatory, they argue, the otherwise- discretionary return authority in section 1225(b)(2)(C) be- comes mandatory when the …

  • #19

    refuting. He emphasizes that “ `[s]hall be detained' means `shall be detained,' ” post, at 825, and criticizes the Gov- ernment's “argument that `shall' means `may,' ” ibid . 5 For this reason, Justice Alito misunderstands our analysis in insist- ing that our opinion authorizes the Government to release aliens sub…

  • #20

    alternative authorized by that statute. Post, at 828–829 (Alito , J., dis- senting). We wholeheartedly endorse the conclusion that the dissent draws from these hypotheticals: that “the failure to make use of the discre- tionary option would not be seen as a valid excuse for non-compliance with the command that cer…

  • #21

    terference in the conduct of foreign policy,” and declined to “run interference in [the] delicate feld of international rela- tions” without “the affrmative intention of the Congress clearly expressed.” Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108, 115–116 (2013). That is no less true in the context of immi…

  • #22

    APA, DHS's exercise of discretion within that statutory Page Proof Pending Publication Cite as: 597 U. S. 785 (2022) 807 Opinion of the Court framework must be reasonable and reasonably explained. See Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co., 463 U. S. 29 (1983). Bu…

  • #23

    at –––. Alternatively, “the agency can `deal with the prob- lem afresh' by taking new agency action.” Ibid. (quoting SEC v. Chenery Corp., 332 U. S. 194, 201 (1947) ( Chenery II)). “An agency taking this route is not limited to its prior reasons.” Regents, 591 U. S., at –––. Here, perhaps in light of this Court's…

  • #24

    dum, the October 29 Memoranda, or any other memo.”). To the extent that the Court of Appeals understood itself to be reviewing an abstract decision apart from specifc agency action, as defned in the APA, that was error. It was not the case that the June 1 Memorandum and the October 29 Memoranda “simply explained …

  • #25

    more than improper, post hoc rationalizations for termi- nating MPP.”); see also 20 F. 4th, at 961 (questioning how the October 29 Memoranda “[could] be anything more than post hoc rationalizations of the Termination Decision”). But Regents involved the exact opposite situation from this one. There, as here, DHS …

  • #26

    answer the District Court's concerns from the frst go-round. Having returned to the drawing table and taken new action, therefore, the Secretary was not subject to the charge of post hoc rationalization. Third, respondents invoke our decision in Department of Commerce v. New York, 588 U. S. ––– (2019), to contend…

  • #27

    open mind. See, e. g., 20 F. 4th, at 955 (agency proceeded “without a hint of an intention to put the Termination Deci- sion back on the chopping block and rethink things”). But the agency's ex ante preference for terminating MPP—like any other feature of an administration's policy agenda— should not be held agai…

  • #28

    judgment in part and dissenting in part) (“Courts often con- sider an agency's . . . additional explanations made . . . on remand from a court, even if the agency's bottom-line deci- sion itself does not change.”). Finally, the Court of Appeals erred to the extent it viewed the Government's decision to appeal the…

  • #29

    Option one: DHS may grant noncitizens parole into the United States if parole provides a “signifcant public beneft.” 8 U. S. C. § 1182(d)(5)(A). Parole entails releasing individu- Page Proof Pending Publication Cite as: 597 U. S. 785 (2022) 815 Kavanaugh, J., concurring als on a case-by-case basis into the Unite…

  • #30

    Review under that State Farm standard is deferential but not toothless. Id., at 56. The question of whether DHS's October 29 decision satis- fes the State Farm standard is not before this Court at this time. The Court today therefore properly leaves the State Farm issue for consideration on remand. See ante, at 8…

  • #31

    fear of persecution, he or she “shall be detained for further consideration of the application for asylum,” § 1225(b) (1)(B)(ii) (emphasis added). Those requirements, as we have held, are mandatory. See Jennings v. Rodriguez, 583 U. S. 281, 297 (2018). Congress offered the Executive two—and only two—alter- nativ…

  • #32

    In 2018, a surge of foreign migrants attempted to enter the United States unlawfully at the United States-Mexico border, creating a “ `humanitarian and border security cri- sis.' ” 554 F. Supp. 3d 818, 831 (ND Tex. 2021). Because existing detention facilities could not house all the people who were attempting to …

  • #33

    leaving asylum applicants “in limbo for years.” Id., at 190. Hours after his inauguration on January 20, 2021, Presi- dent Biden issued an Executive Order suspending MPP, and the effects on the border were immediate. According to the Government's own data, border “encounters jump[ed] from 75,000 in January 2021,”…

  • #34

    345a. At the same time, the Government asked the Court of Appeals to hold that the case before it was moot, to vacate the District Court's judgment and injunction, and to remand the case for further proceedings. 20 F. 4th 928, 946 (CA5 2021). The Fifth Circuit refused and held that the October 29 Memoranda did no…

  • #35

    2021, No. 20–322. Instead, the Government refused to rule out the possibility that the provision might also apply to class-wide declaratory relief, and it analogized § 1252(f)(1) to Page Proof Pending Publication Page Proof Pending Publication 822 BIDEN v. TEXAS Alito, J., dissenting the Tax Injunction Act, 28 …

  • #36

    on the next-to-last argument date. We would have been in a position to give thorough consideration to the § 1252(f)(1) issue if it had been addressed in the parties' regular briefs, but having relegated the issue to a terse footnote in its brief, and having been unprepared to discuss the issue at argu- ment, the …

  • #37

    that this requirement is mandatory, and its brief could hardly have been more categorical or emphatic in making this point. See Brief for Petitioners in Jennings v. Rodriguez, O. T. 2017, No. 15–1204, p. 15 (“Aliens seeking admission who are not `clearly and beyond a doubt entitled to be admitted' are statutorily…

  • #38

    cross the border illegally in hopes of being paroled and re- leased. Id., at 79. Thus, the Government is failing to meet the statutory detention mandate, not only because of limita- tions on its detention capacity but also because it refuses to use the contiguous-territory return authority. Other than the argumen…

  • #39

    twice amended 8 U. S. C. § 1182(d)(5) to limit the scope of the parole power and prevent the executive branch from using it as a programmatic policy tool” (citing T. Aleinikoff et al., Immigration and Citizenship: Process and Policy 300 (9th ed. 2021))). The majority claims that the Government's use of its pa- r…

  • #40

    (1) detain them, (2) return them to a contiguous foreign na- tion, or (3) parole them into the United States on an individ- ualized, case-by-case basis. These options operate in a hydraulic relationship: When it is not possible for the Govern- ment to comply with the statutory mandate to detain inad- missible ali…

  • #41

    state facility is open and would be fred if he took time off. This motorist also declines to have his car inspected at a private garage that is open during his off hours because the Page Proof Pending Publication Cite as: 597 U. S. 785 (2022) 829 Alito, J., dissenting law says only that he “may” use such a facil…

  • #42

    gress.” Galvan v. Press, 347 U. S. 522, 531 (1954) (emphasis added). The President has vital power in the feld of foreign affairs, so does Congress, and the President does not have the authority to override immigration laws enacted by Con- gress. Indeed, “[w]hen the President takes measures in- compatible with th…

  • #43

    of Appeals could have (1) dismissed the appeal as moot and vacated the District Court's judgment and injunction; (2) held the appeal in abeyance for an unspecifed time; (3) evalu- ated the October 29 Memoranda as fnal agency action in the frst instance under the APA; or (4) concluded that the Octo- ber 29 Memoran…

  • #44

    it was eminently reasonable for the Court of Appeals to con- clude that additional delay would not have served the inter- ests of “economy of time and effort.” Landis v. North American Co., 299 U. S. 248, 254 (1936). Third, the Court of Appeals correctly concluded that the October 29 Memoranda could not satisfy o…

  • #45

    could not generate any obligations until the agency “obtained vacatur of the District Court's injunction.” Ante, at 809, n. 7 (emphasis deleted). This expansive, formalist approach to the second Bennett factor is at odds with the usual “ `pragmatic' approach we have long taken to fnality.” Army Corps of Engineers …

  • #46

    on remand should consider in the frst instance whether the October 29 Memoranda complied with § 706 of the APA. The District Court should assess, among other things, whether it is “arbitrary and capricious” for DHS to refuse to use its contiguous-territory return authority to avoid viola- tions of the statute's c…

  • #47

    Brief for Appellees in No. 21–10806 (CA5), pp. 40–41. But we just rejected this interpretation in Aleman Gonzalez. There, we held that § 1252(f)(1) deprives lower courts of “ju- risdiction to entertain” requests for “injunctions that order federal offcials to take or to refrain from taking actions to enforce, imp…

  • #48

    ernment's removal discretion in litigation challenging termi- nation of Title 42 order). We should not short circuit the ordinary process. Page Proof Pending Publication Cite as: 597 U. S. 785 (2022) 837 Barrett, J., dissenting I have several doubts about the Court's analysis of § 1252(f)(1). To begin with, the…

  • #49

    Page Proof Pending Publication 838 BIDEN v. TEXAS Barrett, J., dissenting is a jurisdiction-stripping statute” that cannot be waived). If there is a reason to treat limitations on subject-matter jurisdiction and limitations on remedial authority as mutu- ally exclusive—either in general or in this statutory sch…

  • #50

    that § 1252(f)(1) does not disturb any pre-existing authority this Court has under the All Writs Act or other sources. These are diffcult questions, yet the Court does not address any of them. Indeed, the Court explicitly chooses not to opine on some of the issues that might help explain the parenthetical's un- …

  • #51

    Discrimination Comm., 525 U. S. 471, 481 (1999), a brief dis- cussion from a plurality opinion in a case where the § 1252(f)(1) issue had not been briefed or argued by the par- ties in this Court, see Nielsen v. Preap, 586 U. S. –––, ––– – ––– (2019), and a dissent, see Jennings v. Rodriguez, 583 U. S 281, 355 (2…