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U.S. Supreme Court Rules that States Lack Standing to Challenge Biden Administration's Enforcement Priorities 

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Posted: Jun. 23, 2023

For Immediate Release
June 23, 2023

Arianna Rosales,

Washington, DC–The U.S. Supreme Court issued a decision today in United States v. Texas — a case in which the states of Texas and Louisiana challenged the Biden administration’s enforcement priorities guidelines — and held that the states lack standing to maintain the suit. Eight justices agreed that the states lacked standing, while only Justice Alito dissented. The memo that Secretary Mayorkas issued on September 30, 2021 describing the Administration’s enforcement priorities and laying out factors that guide its arrest and prosecution decisions will therefore retake effect once the mandate issues.

Sirine Shebaya, Executive Director of the National Immigration Project, issued the following statement:

“We are relieved that the Court did not permit a hateful and groundless lawsuit to undo decades of precedent allowing the Executive Branch to establish guidelines to protect people from immigration enforcement through the exercise of prosecutorial discretion. The Court’s decision ends a period of confusing limbo, in which many people, some of whom have lived here for years, have families here, and who are integral to their communities, have suffered from uncertainty about what the Department of Homeland Security could or would do in their cases. Of course, prosecutorial discretion is not enough – Congress must urgently reform this country’s racist and draconian immigration laws, through legislation such as the New Way Forward Act, in order to give our communities real peace and the ability to build and grow. We will continue to work towards a humane and compassionate system that gives all immigrants the ability to live freely and thrive in our communities.” 


The National Immigration Project  (NIPNLG) is a national non-profit organization that provides technical assistance and support to community-based immigrant organizations, legal practitioners, and all advocates seeking and working to advance the rights of noncitizens. NIPNLG uses impact litigation, advocacy, and public education to pursue its mission. Learn more at Follow NIPNLG on Facebook, Twitter, and Instagram at @NIPNLG.