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(BREITBART) – United States Supreme Court (SCOTUS) Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson used or referenced the legal term “alien” to describe illegal aliens in the United States during oral arguments,even as President Joe Biden’s administration has instructed officials to use the term “noncitizen” instead.

On Tuesday, SCOTUS heard arguments in United States v. Texas where states are seeking to have Biden’s so-called “sanctuary country” orders thrown out. The orders ensure that most of the nation’s 11 to 22 million illegal aliens are not eligible for arrest or deportation.

In a number of instances, Justices Sotomayor, Kagan, and Jackson — considered the Court’s liberal faction — either used the term “alien” directly to describe illegal aliens in the U.S. or referenced the term while quoting prior cases and federal immigration statute. Sotomayor said:

What the government has said, and what the record clearly proves, is that there’s been a surge at the border. If left unattended, that surge would overwhelm all of the border states, not just Texas, and that the cost of doing that has to give them greater priorities in terms of aliens who are already here.

“It says that you, does not create ‘any’ — and any is very broad — ‘right or benefit that is legally enforceable by any party.’ It doesn’t say any alien party, it doesn’t say anything like that,” Sotomayor said in another instance.

“… that’s not the language, isn’t limited to that situation,” Sotomayor continued. “It doesn’t say any right or benefit that is legally enforceable by an undocumented alien. It says ‘any party.’”

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