Supreme Court Rules that Texas Has No Standing to Challenge Enforcement Policies

(Washington)—The Immigrant Legal Resource Center (ILRC) is relieved by today’s Supreme Court decision denying an attempt by conservative Attorneys General, led by Texas, to fashion federal immigration practices to meet their anti-immigrant and hateful policy goals. This ruling should shut down further attempts by states from suing the federal government whenever they do not like a federal policy.

“With this ruling, the Supreme Court upholds the notion that the executive branch has the discretion to determine when to arrest or deport immigrants and when not to. Now, the Biden Administration must reinvest in prosecutorial discretion and prioritize ending immigration arrests, detention, and deportations,” said ILRC Senior Staff Attorney Lena Graber. “The Biden Administration must stop the destructive impact that policing, surveillance and immigration enforcement and detention has on communities. The ILRC encourages legal practitioners who have immigrant clients to continue seeking prosecutorial discretion for them.”

Since President Biden took office, the ILRC has called on him to use executive action to enact bold policy solutions on immigration. Specifically, the ILRC is demanding action now to begin dismantling the enforcement, detention and surveillance systems and ensure that immigration benefits are more equitable and accessible.  

“We are in year three of the Biden Administration and the policies have continued to look like those of the previous administration,” Graber said. “It is time to implement a much more compassionate and humane immigration system.”


The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC works to protect and defend the fundamental rights of immigrant families and communities.