Supreme Court rules some asylum seekers can be deported without hearing
By Mark Moore, NY Post, June 25, 2020 |
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The US Supreme Court ruled on Thursday that the Trump administration can fast-track deportations of some asylum seekers without first holding a federal court hearing — a win for the White House’s immigration policy.
The 7-2 decision makes people who are picked up at or near the border or who fail initial asylum screening eligible for expedited removal, a ruling that could affect thousands of immigrants.
The court said a federal law limiting an asylum applicant’s ability to appeal a decision that the person did not have a credible fear of persecution if returned home doesn’t violate the Constitution.
The Trump administration has proposed legislation that would make it harder for people to be given asylum, among other immigration restrictions, to preserve jobs in the US during the coronavirus pandemic.
The case involved a Sri Lankan farmer, Vijayakumar Thuraissigiam, who fled persecution as a member of the country’s Tamil minority but failed to persuade immigration officials that he was subject to harm if returned home.
He was arrested after crossing into the US from Mexico in January 2017 without documentation.
Justice Samuel Alito wrote in the majority opinion that Thuraissigiam did not want a “simple release,” he wanted to vacate his “removal order” and remain “lawfully” in the US.
see also
Trump extending immigration ban for employment-based visas
“While aliens who have established connections in this country have due process rights in deportation proceedings, the court long ago held that Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien at the threshold of initial entry cannot claim any greater rights under the Due Process Clause,” Alito wrote.
He went on to write that appeals of decisions could put a strain on the courts.
“If courts must review credible-fear claims that in the eyes of immigration officials and an immigration judge do not meet the low bar for such claims, expedited removal would augment the burdens on that system,” he said.
Justices Sonia Sotomayor and Elena Kagan dissented.
Sotomayor said the decision deprives asylum seekers “of any means to ensure the integrity of an expedited removal order, an order which, the Court just held, is not subject to any meaningful judicial oversight as to its substance.”
“Today’s decision handcuffs the Judiciary’s ability to perform its constitutional duty to safeguard individual liberty and dismantles a critical component of the separation of powers,” she continued.
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tituspullo
3 years ago
the two dissenting gals, the mexican and the homosexual, made the argument that the constitution obligates me to look after the interests of non-white and non-Christian foreigners who want to get into my country. again, these democrat judges just make shiite up in their attempt to destroy my country and fill it with people who hate me and my country
And have them take their welfare-dependent anchor babies with them
knightsstrength
3 years ago
A step in the right direction, more to come.and bring down the left.
David Curtis
3 years ago
Re Glasgow knife wielding, dangerous somali extremist, as he was on derad programme, which would have failed as they arrive here,with high degree of islamic ideology inbred from early life, we need to be able to deport much sooner after arrival, no free hotels whilst multiple appeals, leading to more hate of the UK builds up as they realise they are not going to be admitted long term, there may unfortunately be deaths from this deranged being, as stabbed people are listed as critical. Yet we carry on saying we must help folk who are beyond help, we saw it 2 weeks ago, another straight out of prison, then killed 3.
Laddyboy
3 years ago
I am sorry for the INNOCENT who are being PUNISHED by your POLIT BUREAU. Take your politicians to task. Call the onto the RED CARPET to explain their DELUSIONS of the CULT of PIECES otherwise called the “religion of peace”.
durabo
3 years ago
“Head ’em up; move ’em out!”
(Key Frankie Laine singing “Rawhide”)
volksnut
3 years ago
How does a Sri Lankan farmer who probably makes the equivalent of a couple hundred dollars a year end up half the world away sneaking into our country thru Mehico? Somethings not right just in that –
Roma Mikhasev
3 years ago
i like it!!! :)))))))))))
dad1927
3 years ago
they buy kids.. 21 days later they sell them into child prostitution Liberal judges make the laws
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