Those are huge numbers. And, as Justice Alito wrote, the government lacks “the capacity to detain all inadmissible migrants encountered at the border.” But instead of returning them “to Mexico while they await proceedings in this country, DHS has concluded that it may forgo that option altogether and instead simply release into this country untold numbers of aliens,” many or most of whose asylum applications likely will be denied.
Texas Attorney General Ken Paxton, a Republican, was more direct: “The administration dragged its feet and refused to implement this effective program in good faith, allowing hundreds of thousands of illegals to pour over the border month after month. Today’s decision makes the border crisis worse.”
Paxton is right. But on the bright side, Biden now owns his border policy, clearly and unequivocally. This forces his hand. “Remain in Mexico” worked. If he abandons it, which he certainly will, it’ll tell us all we need to know about how unserious his “closed borders” are, and how serious he is about inviting further migrant bloodshed of the sickening sort we saw in San Antonio earlier this week.
Steven Hayward at Power Line pointed to this passage from Kavanaugh’s concurrence with Roberts:
The larger policy story behind this case is the multi-decade inability of the political branches to provide DHS with sufficient facilities to detain noncitizens who seek to enter the United States pending their immigration proceedings. But this Court has authority to address only the legal issues before us. We do not have authority to end the legislative stalemate or to resolve the underlying policy problems.
“One way of reading this,” writes Hayward, “is to say that if the American people want more vigorous immigration enforcement, they need to change presidents.”
We couldn’t have said it better.
The Court’s decision here seems reasonable, albeit disappointing. Defending our nation’s borders is an executive-branch responsibility, and this decision makes clear that the responsibility for Biden’s dereliction lies with Biden himself.
In the meantime, he and Kamala Harris and Karine Jean-Pierre can lie all they want about the border being closed. The voters, though, are angry. The latest Rasmussen poll, for example, says that 73% of likely voters consider immigration to be a critical election issue.
In one sense, we should thank the Supreme Court for not bailing out Joe Biden and his fellow Democrats. Voters will remember this administration’s purposeful and impeachable malfeasance, and many other things, come November 8.
https://patriotpost.us/articles/89506-supreme-court-biden-owns-the-border-2022-07-01