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09-10-2020, 06:25 PM #1
Supreme Court Sides With Trump Administration In Asylum Cases
September 10, 2020
Martin Walsh
The U.S. Supreme Court has given the Trump administration another gigantic immigration victory.
The nation’s highest court ruled 7-2 that the federal government can deport illegal aliens, including those seeking asylum, quickly and with only limited judicial review.
The ruling could affect thousands of would-be immigrants now present in the United States.
Liberal Justice Ruth Bader Ginsburg sided with the Trump administration on the case.
Justices Sonia Sotomayor and Elana Kagan, both liberals, were the two dissenters.
“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,” Fox News reported.
“In 1996, when Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) … it crafted a system for weeding out patently meritless claims and expeditiously removing the aliens making such claims from the country. It was Congress’s judgment that detaining all asylum seekers until the full-blown removal process is completed would place an unacceptable burden on our immigration system and that releasing them would present an undue risk that they would fail to appear for removal proceedings,” Justice Alito wrote in the opinion.
The statute imposed restrictions on the ability of asylum seekers to have the lawfulness of their detention reviewed, but, after Sri Lankan national Vijayakumar Thuraissigiam’s claim that he had a credible fear of persecution in his homeland was rejected, the 9th Circuit Court of Appeals unanimously reversed a lower court ruling and found he was entitled to challenge his detention in federal court.
The Supreme Court disagreed with the 9th Circuit, writing in the opinion that Congress is entitled to speed up the removal process, and according to the Supreme Court’s precedents, the detention review-limiting provisions in the Illegal Immigration Reform and Immigrant Responsibility Act do not run afoul of the Constitution.
SCOTUS held that someone in Thuraissigiam’s position – being apprehended within 25 yards of the border – should be treated the same as someone who was taken into custody at the time they attempted to enter the country, and therefore the 1892 decision applies.
This comes after the Supreme Court stunned many this summer with another immigration ruling.
In a massively controversial decision, the Supreme Court ruled that the Trump administration can’t immediately terminate the Obama-era Deferred Actions for Childhood Arrivals (DACA) program.
In a 5-4 ruling, Chief Justice John Roberts sided with Democrats and held that President Donald Trump can’t continue with his plan to end DACA, which has shielded roughly 800,000 young immigrants from deportation.
The Obama-era DACA program has shielded just shy of a million children that came to the United States with their parents, who also did not have the legal right to enter the country.
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09-10-2020, 10:35 PM #2A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
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09-11-2020, 08:13 AM #3
Over the next 30 days...get them OUT of here quickly, and quietly, out of the Detention Centers, including the UACs, and deport them all into the care and custody of their countries authorities.
Send their low risk prisoners back home! Let their country lock them up. There are thousands costing us billions of dollars and overcrowding our courts, jails, and prisons.
OPERATION RETURN TO SENDER.
Drop them off on their military bases where they can set up tents to house, feed, give medical care, and get those kids back to their relatives on their soil. They also need to jail their criminals!
Let our Veterans use these Detention Facilities and get the VA Doctors in there to help our Veterans get off the street, into a bed, and on a path to recovery and a job.
No illegal aliens heads on beds! Put their butts on buses back home and make their Embassy pay for it. We are not their Travel Agent to pay for this. Their Embassy pays to deport them over and over again and their country can jail them so they never come back. They pay or NO more visa's or work visa's should be issued to these countries.
We have thousands of our homeless and living in our streets who need care. We have thousands who lost homes to fires, floods, tornados, hurricanes, and out of work.
Shut down ALL immigration and no more citizenship! It needs to stop now!
We have 30 million to deport, stop adding more bodies to this never ending problem.
ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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