“This judgment thwarts the direction of the secretary of the department he leads and disrupts DHS’s efforts to focus its limited resources on noncitizens who pose the most serious threat to national security, public safety, and the integrity of borders of our nation,” the filing states.
Additionally, Tipton’s ruling “exemplifies a troubling trend” of lower court judges blocking federal policies nationwide in the wake of state lawsuits. According to the court filing, California has filed 122 lawsuits against the Trump administration, and now Texas has filed more than two dozen against the Biden administration — including 11 over immigration policies alone.
“These lawsuits entangle the judiciary in political disputes between states and the federal government that should be — and, until recently, were — resolved through the democratic process,” the government argued. “And they allow single district judges to dictate national policy, overriding the decisions of other courts and forcing agencies to abruptly reverse course while seeking review of new and questionable stakes. »
The federal government has also asked the Supreme Court to consider the request as an appeal and to schedule oral arguments in the case in the fall.
On Wednesday, a three-judge panel of the United States Court of Appeals for the 5th Circuit found that the immigration guidelines violated federal laws requiring the detention of certain groups.