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Brnovich suit against Biden's ICE enforcement guidelines partially granted

This week, a federal judge in Ohio blocked some of the new immigration enforcement priorities outlined by the Biden administration’s Department of Homeland Security. The lawsuit was brought by Arizona Attorney General Mark Brnovich and his counterparts from Montana and Ohio.

The new guidelines, issued by DHS last September, instructed Immigration and Customs Enforcement officers to focus on deporting and arresting immigrants who posed threats to public safety or national security, or who had recently crossed the border illegally. 

That reversed course from the Trump administration, which gave ICE broad authority to conduct enforcement, including on immigrants who’d lived in the country for years and posed no obvious threat. 

Brnovich and the other Republican attorneys general argued the new rules unlawfully limited the agency’s ability to carry out deportations.

Judge Michael Newman partially blocked the new guidelines and granted the states' request for an injunction. He said the new guidance should not apply to some immigrants, such as those convicted of certain crimes or those who already have deportation or mandatory detention orders, and said DHS did not have the authority to make changes to enforcement mandates outlined by Congress."At bottom, that is what this dispute is about: can the Executive displace clear congressional command in the name of resource allocation and enforcement goals? Here, the answer is no," his  order.

Legal experts argue every administration creates its own enforcement priorities for DHS and the Biden administration's guidelines are no different. But they say it’s not immediately clear how Neuman's order will be implemented or how many immigrants it will impact.

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.