This decision will protect immigrants’ right to due process by allowing judicial oversight of a wider range of removal cases. The policy saw tent courtrooms set up in places such as Laredo and Brownsville, Texas, where migrants could have their cases processed as the policy was expanded in the summer amid greater cooperation with Mexico. She knew her clients were statutorily barred from receiving work authorization under this inactive program but continued to solicit business and file applications citing it. The majority notes that nothing in the statute’s language precludes review of these questions. Takeaway: This case dealing with the complex question of what constitutes a “serious drug offense” under federal criminal law could make it easier for the government to remove lawfully present immigrants who have been convicted of state-level drug crimes. Justice Sotomayor authored the dissent, in which she argued that the Court’s decision stems from an improper conflation of inadmissibility with deportability, and that the Court’s understanding of inadmissibility as a “status” is incorrect. Two of the court's liberal justices — Stephen Breyer and Ruth Bader Ginsburg --agreed that Thuraissigiam's removal order was proper but said that the opinion's reasoning and language swept too broadly. The Court argued that establishing remedies in this novel context, which involves national security and foreign relations factors, is best suited for the political branches. Mutual Fund and ETF data provided by Refinitiv Lipper. Over its 2019-20 term, the U.S. Supreme Court considered a wide range of immigration issues and handed out decisions with mixed results. The Ninth Circuit Court of Appeals in June ruled that the Trump administration had acted illegally, handing a win to the Sierra Club, an environmental organization that is trying to block the building of the wall. As is typical, the court did not comment Monday in announcing it would hear the case. Below, these and other immigration cases considered by the Court during the 2019-20 term are reviewed at length. However, in Kansas v. Garcia, the Court issued a ruling with negative implications for immigrant communities, affording states new authority to use state laws to prosecute immigrants for supplying false hiring paperwork – an area that historically has been the federal government’s responsibility. Read more about Leading the Way Virtual Swag Bag, Read more about Immigration Priorities for a Biden Administration, Read more about Biden’s Victory Opens Door to Bipartisan Immigration Solutions. Framing his concerns as a question, the apparent heir to Antonin Scalia’s mantle asked why the government was “even pursuing all this” in light of an eight-justice majority in a similar case. At one point, she posited that the petitioner’s interpretation of the rule might, under certain circumstances, be worse for undocumented immigrants but later on appeared hesitant to credit the government’s position that logistical constraints worked against immigration agencies–or immigration courts for that matter–being able to deliver mandated information correctly the first time around. Supreme Court Decisions on Immigration Policy "The biggest problem is the fact that the Supreme Court's ability to review decisions is extremely limited.

The case concerns the fate of Agusto Niz-Chavez, a Guatemalan national who first arrived in the United States in 2005. In this series of cases, the Supreme Court clarified the availability of judicial review in the immigration context, limiting federal courts’ ability to review administrative decisions under expedited removal, while reaffirming courts’ jurisdiction over questions of law in removal cases. The majority held that IRCA does not bar states from requiring employees to provide SSNs for tax withholding forms or from prosecuting employees who provide false SSNs. By way of explanation, consider a football game. Our Latest Podcast Series: How Did We Get Here. Habeas corpus, the judicial tool through which wrongfully imprisoned persons can obtain release, is protected under Article I, Sec. All rights reserved. The Supreme Court said Monday it would take up Wolf v. The Supreme Court will […] The defendants argued that IRCA barred enforcement under the Kansas law because the required information and documentation required in the state tax withholding forms was the same information required for I-9 forms, Accordingly, they argued, this information could only be used for federal law enforcement purposes. Quotes displayed in real-time or delayed by at least 15 minutes. If they fail, they can be deported without ever having the opportunity to make their case in court. Follow him on Twitter @kylezim25. Takeaway: Federal courts generally cannot review credible fear determinations for asylum seekers in an expedited removal context. Your Ad Choices Supreme Court to hear Trump immigration cases by Kyle Ziemnick Posted 10/19/20, 04:50 pm. The Court held unanimously that the Ninth Circuit’s “drastic departure from the principle of party presentation [of the issues] constituted an abuse of discretion.” The Court remanded the case and declined to weigh in on the merits. The Supreme Court announced Monday that it would take up two cases related to President Trump's immigration policies, including his construction of the border wall.

Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891 (2020), 2. The undocumented immigrant petitioner argues that effective notice must be contained in the original notice and that the statute is clear and obvious here. “I think it’s pretty clear.”. The Court reasoned that if a CAT applicant is granted relief from removal, this does not affect the validity of an underlying order of removal and the CAT relief remains distinct from the order of removal. Sotomayor went on to note that this onslaught of paperwork is particularly damaging in terms of the stop-time rule because it would be particularly unclear and unfair to send multiple notices that confuse when the rule actually takes effect. Under the new rule, no such authorizations will be issued. The Ninth Circuit noted several issues, such as claims that asylum-seekers were facing discrimination and violence in Mexico, and that the Trump administration did not follow notice-and-comment procedures set out by the Administrative Procedure Act.

“It has discretion here.”. If all of these "sweeping changes to the asylum laws" are upheld, Gelernt said, "there will essentially be no asylum at the southern border.". At one point, she upbraided Yang by telling him that the government gets the benefit the statute confers against the undocumented immigrant only if the notice contains the statutorily-mandated information. By way of explanation, consider a football game. Quotes displayed in real-time or delayed by at least 15 minutes. The decision allows DACA to survive, while making clear that the Trump administration retains the authority to end it in the future if it uses proper procedures and is able to provide a well-reasoned explanation for its actions.

Circuit Court of Appeals intervened on Thuraissigiam's behalf, declaring that asylum-seekers have a right to petition for habeas corpus in federal court to challenge their expedited removal order. In dissent, Justice Thomas, joined by Justices Alito and Gorsuch, argued that DACA was illegal in its entirety, and therefore the agency did not need to “jump through administrative hoops” to rescind it. ...", Thuraissigiam's attorney, Lee Gelernt of the American Civil Liberties Union, said that the Trump administration has reined in asylum officials and immigration judges with such restrictive guidelines that protections for asylum-seekers have been "eviscerated." "I would say that asylum by now pretty much exists in name only," she said. This decision may make LPRs ineligible for cancellation of removal if they previously committed a crime within their first seven years residing in the U.S., even if the government waits years to initiate removal proceedings against them or if that offense is not related to the rationale for the deportation. Hernandez v. Mesa, 140 S. Ct. 735 (2020). The most anticipated case of the term, Department of Homeland Security v. Regents of the University of California, which concerned the Trump administration’s attempted rescission of Deferred Action for Childhood Arrivals (DACA), ended with a favorable outcome for immigrants. "Our constitutional protections should not hinge on the vicissitudes of the political climate.

The Court also clarified the intersection of criminal and immigration law in Shular v. United States and Barton v. Barr, issuing rulings making legally present immigrants more likely to be deemed deportable.

The following cases are major Supreme Court cases in the field of immigration law.

DACA, instituted in 2012, defers the removal of certain unauthorized immigrants who were brought to the United States as children. However, a separate provision of the applicable statute, referred to as the “stop-time rule,” states that the seven year “clock” stops when someone commits a criminal offense which could be a ground of inadmissibility. Ruling in a case involving a foreign person on Mexican soil who was shot and killed by Border Patrol personnel standing on U.S. soil, the Court determined that the U.S. Constitution has limited applicability to foreigners located across the border. Terms of Use or redistributed. But, the petitioner’s attorneys argue, the original notice did not contain the requisite time and date information they maintain is required by federal law. This story has been shared 164,561 times. Justice Thomas authored a dissent, in which he argued that the Court’s conclusion contradicted a federal statutory provision limiting judicial review and warned that the majority’s decision will lead to increased judicial review of many other forms of relief, contrary to congressional intent. In Wolf v. Innovation Law Lab, the Trump administration is appealing lower-court rulings invalidating its “Migrant Protection Protocols” – the so-called “Remain in Mexico” program – for non-Mexican asylum-seekers, mostly coming from Central America.

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