Three states seeking to block a Biden administration directive on how to prioritize immigration enforcement faced a skeptical panel at the U.S. Court of Appeals for the Sixth Circuit Friday.

Judge Karen Nelson Moore suggested the Department of Homeland Security memo from 2021, which advised U.S. Immigration and Customs Enforcement agents to prioritize detaining undocumented immigrants with serious criminal records, may actually be in the interest of states challenging the administration, since they have limited resources.

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