U.S. v. Texas on State Challenges to Immigration Enforcement Priorities

Recent migration across the southern U.S. border has generated a number of federal court challenges by states to executive branch policies. In U.S. v. Texas, states challenged Guidelines issued by the Department of Homeland Security that laid out arrest and deportation priorities, contending that DHS was required by the Immigration and Nationality Act to detain and deport inadmissible migrants with criminal records. The Court held that states did not have standing to challenge the DHS Guidelines and that, with limited resources, the executive branch had the authority to establish enforcement priorities. Restriction of state standing in this case may have implications for states seeking standing in arenas beyond immigration.