Trump Administration Wins Deportation Powers Case

| June 26, 2020

Catapult for speedy deportation. (The Donald Win)

The US Supreme Court handed a victory to the Trump administration. Asylum-seekers, with no credible threat of persecution in their country of origin, may be deported. Even if they did not have a chance to present their case to a federal judge.

From Fox News:

The Supreme Court ruled Thursday for the Trump administration in a key immigration case, determining that a federal law limiting an asylum applicant’s ability to appeal a determination that he lacked a credible fear of persecution from his home country does not violate the Constitution.

The ruling means the administration can deport some people seeking asylum without allowing them to make their case to a federal judge. The 7-2 ruling applies to those who fail their initial asylum screenings, making them eligible for quick deportation.

In a decision in the case of Dept. of Homeland Security v. Thuraissigiam, the court ruled that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) — which prevents judicial review of the credible fear determination — does not violate the Constitution’s Suspension Clause, which protects habeas corpus privileges that allow courts to determine if a person should be released due to unlawful detention.

“In this case, however, respondent did not ask to be released. Instead, he sought entirely different relief: vacatur of his ‘removal order’ and ‘an order directing [the Department] to provide him with a new . . . opportunity to apply for asylum and other relief from removal,'” Justice Samuel Alito wrote in the court’s opinion, ruling “that relief falls outside the scope of the common-law habeas writ.”

The Fox News article details the history of this case.

Category: Politics, Trump!

Comments (12)

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  1. Andy11M says:

    From the linked article “Thuraissigiam filing a habeas corpus petition for unlawful detention, which a federal District Court denied. The Ninth Circuit Court of Appeals overturned the decision, ruling that the law was unconstitutional, but the Supreme Court reversed this with Thursday’s ruling.”
    Ninth Circuit? Why am I not surprised? I see their fingerprints all over so many stupid things. How many times has the SCOTUS had to smack down one of their rulings? And this wasn’t even a narrow smack down, it was 7-2.

  2. Sapper3307 says:

    RBG is rolling over in her grave.

  3. Doc Savage says:

    9th Circuit…..’nuff said.

  4. 5th/77th FA says:

    Is this ruling going to slow down the illegal immigration or speed up the deportation of illegal immigrants? We can hope that it will do both. I don’t have a problem with people legally coming to this Country that want to become Americans. The problem is so many that want to turn this Country into a sh^thole like they left and do not want to become American. Go Home!

    Seeing that old school Artillery Piece brings to mind The Stranger, Pappy the Engineer. DaHell is he? Another that has become conspicuous in his absence. Do we need to do a welfare check on him too?