Jackson and Justices Elena Kagan, Sonia Sotomayor and Amy Coney Barrett dissented from the court’s action.
The court also agreed to hear arguments on the merits of the case next term in its December sitting, adding another substantial dispute to the court’s docket which already includes cases on voting rights, religious liberty, the environment and affirmative action.
The court’s 5-4 order is a loss for the Biden administration, which is trying to return to Obama-era immigration enforcement measures based on a priority system instead of the more aggressive approach taken under the Trump administration. That approach, Homeland Security Secretary Alejandro Mayorkas has said, considers the department’s limited resources and allows immigration officers to focus on priorities, like security risks.
This story is breaking and will be updated.
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