The Supreme Court will decide next term if the Biden administration followed the law when the Department of Homeland Security instructed immigration agents to focus on immigrants with more serious criminal convictions.
In a Thursday order, the high court scheduled the case for oral argument in early December, which adds a major immigration case to a docket that already has big cases on election law and affirmative action.
The 5-4 order also leaves in place lower court rulings that block U.S. Immigration and Customs Enforcement from implementing the policy in the meantime. The Justice Department, in a request to reverse those decisions, had argued those rulings will lead to “disparate prioritization across the country and a lack of consistency in enforcement actions.”