A rogue Trump judge has thrown the Supreme Court in disarray

Contributing sentiments towards policy:

55% : Tipton claimed that Mayorkas's enforcement priorities are invalid because federal law requires the government to detain a fairly large number of undocumented immigrants.
49% : Under a doctrine known as "prosecutorial discretion," law enforcement agencies and their leaders have broad authority to decide when not to enforce a particular law.
49% : This principle, the Court added, "is attributable in no small part to the general unsuitability for judicial review of agency decisions to refuse enforcement."
49% : Just six days after President Joe Biden took office, Tipton handed down his first order blocking a Biden administration policy -- that one invalided the administration's decision to pause deportations for 100 days while the new administration was getting a handle on how it wanted to approach immigration enforcement.
44% : Indeed, over a century ago, in Railroad Company v. Hecht (1877), the Court held that "as against the government, the word 'shall,' when used in statutes, is to be construed as 'may,' unless a contrary intention is manifest."One of the core reasons why prosecutorial discretion exists is that law enforcement agencies will always have what Kavanaugh referred to as "resource constraints."
43% : At the same time, the memo suggests that other undocumented immigrants, such as people of an "advanced or tender age" or those who have a "lengthy presence in the United States," are less likely to be appropriate targets for enforcement.
42% : Tipton's order in the case, which he handed down in July, effectively stripped Secretary of Homeland Security Alejandro Mayorkas of his statutory authority to set enforcement priorities for Immigration and Customs Enforcement (ICE), the agency that enforces immigration laws within US borders.
41% : Unless Congress agrees to fund legions of law enforcement officers, and implement a draconian surveillance state, agencies like ICE will never have the personnel, detention space, and other assets that they would need to arrest every single person who violates a law within the agency's jurisdiction.
35% : Tipton's decision invalidated a memo Mayorkas issued in September 2021, which instructed ICE to prioritize undocumented immigrants who "pose a threat to national security, public safety, and border security and thus threaten America's well-being" when making arrests or otherwise enforcing immigration law.
31% : The bottom line, in other words, is that the Court is likely to reverse Tipton's order in the Texas case and restore Mayorkas's command and control over ICE.

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