Alito, J., dissenting
567 U. S. 387, 401 (2012). If States are also barred from bringing suit even when they satisfy our established test for Article III standing, they are powerless to defend their vital interests. If a President fails or refuses to enforce the immigration laws, the States must simply bear the consequences. That interpretation of executive authority and Article III’s case or controversy requirement is deeply and dangerously flawed.
I
The Court’s opinion omits much that is necessary to understand the significance of its decision, and I therefore begin by summarizing the relevant statutory provisions, the challenged Department of Homeland Security (DHS) action, and the District Court’s findings of fact regarding the injury faced by the State of Texas as the result of what DHS has done.
A
The relevant statutory provisions have figured in several prior decisions, and in those cases we have recounted how they came to be enacted and have clearly described what they require. These provisions were part of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA), which was adopted “against a backdrop of wholesale failure by the [Immigration and Naturalization Service] to deal with increasing rates of criminal activity by aliens.” Demore v. Kim, 538 U. S. 510, 518 (2003).[1] Congress concluded that a central cause of that failure was the Attorney General’s “broad discretion to conduct individualized bond hearings and to release criminal aliens from custody during their removal proceedings.” Id., at 519. To remedy this problem, Congress “subtract[ed] some of that
- ↑ The Immigration and Naturalization Service was merged into DHS in 2003.
