Alito, J., dissenting
not plausibly hold—that these findings are clearly erroneous. Instead, it observes only that a “State’s claim for standing can become more attenuated” when based on the “indirect effects” of federal policies “on state revenues or state spending.” Ante, at 9, n. 3. But while it is certainly true that indirect injuries may be harder to prove, an indirect financial injury that is proved at trial supports standing. And that is what happened here. As Justice Gorsuch notes, just a few years ago, we found in a very important case that a State had standing based in part on indirect financial injury. Ante, at 3 (opinion concurring in judgment) (citing Department of Commerce v. New York, 588 U. S. ___, ___–___ (2019) (slip op., at 9–10)). There is no justification for a conflicting holding here.
In any event, many of the costs in this case are not indirect. When the Federal Government refuses or fails to comply with §§1226(a) and (c) as to criminal aliens, the direct result in many cases is that the State must continue its supervision. As noted, the District Court made specific findings about the financial cost that Texas incurred as a result of DHS’s failure to assume custody of aliens covered by §§1226(a) and (c). And the costs that a State must bear when it is required to assume the supervision of criminal aliens who should be kept in federal custody are not only financial. Criminal aliens whom DHS unlawfully refuses to detain may be placed on state probation, parole, or supervised release, and some will commit new crimes and end up in a state jail or prison. Probation, parole, and corrections officers are engaged in dangerous work that can put their lives on the line.
Redressability. A court order that forecloses reliance on the memorandum would likely redress the States’ injuries. If, as the District Court found, DHS personnel rescind detainers “because of” the Final Memorandum, then vacating that memorandum would likely lead to those detainers’ remaining in place.
