In Biden v. Texas, several states challenged President Biden's attempt to rescind the "Remain in Mexico" policy. Ostensibly, the Court ruled for President Biden by a 6-3 vote, but really the vote was 5-4. Justice Barrett agreed with Chief Justice Robert's majority opinion on the merits. But she dissented on jurisdictional grounds. And that disagreement turns on 8 U. S. C. §1252(f)(1). It provides:
Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of part IV of this subchapter, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated.
The trial court in Biden v. Texas, and in related cases, determined that Section 1252(f)(1) was not a jurisdictional bar to enjoin President Biden's decision to rescind MPP. Is this decision correct? In Garland v. Aleman Gonzalez (2022), the Court held that Section 1252(f)(1) of the INA deprived district courts of jurisdiction to entertain a request for class-wide injunctive relief. So far as the injunction goes, the district court ran afoul of Aleman Gonzalez. But Aleman Gonzalez did not squarely decide if §1252(f)(1) deprives the district court of subject-matter jurisdiction.
