https://xoxohth.com/post.php?parent_thread_id=5143072&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=5143304&forum_id=2#44771256)

Texas creatively argued that another provision in the same statute says the government may deport wetbacks to a contiguous territory (ie mexico or (lol) canada) so that is the only way for the government to comply.

(http://www.autoadmit.com/thread.php?thread_id=5143304&forum_id=2#44771393)

Due to the huge numbers of aliens who attempt to enter illegally from Mexico, DHS does not have the capacity to detain all inadmissible aliens encountered at the border, and no one suggests that DHS must do the impossible. But rather than avail itself of Congress’s clear statutory alternative to return inadmissible aliens 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 who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way. In doing so, the majority commits three main errors. First, it unnecessarily resolves difficult jurisdictional questions on which—due to the Government’s litigation tactics—we have received only hurried briefing and no argument. Second, when the majority reaches the merits, it contrives a way to overlook the clear statutory violations that result from DHS’s decision to terminate the use of its contiguous-territory return authority. Finally, the majority unjustifiably faults the Court of Appeals for rejecting the Government’s last-minute attempt to derail the ordinary appellate process. I cannot go along with any of this, and I therefore respectfully dissent.

(http://www.autoadmit.com/thread.php?thread_id=5143304&forum_id=2#44771348)