Posted on 08/13/2020 9:21:27 AM PDT by Diana in Wisconsin
The U.S. Supreme Court has given the Trump administration another gigantic immigration victory.
On Thursday, 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 last month 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.
After the ruling, Trump said he planned to announce a new list of Supreme Court nominees by Sept. 1.
Just remember Ruth, there IS a God. Redeem yourself before it's too late.
She must have a toe over the gaping maw right now to act in this manner, LOL!
She is trying to get right with GOD.
When she dies, which I hope is this month, may her soul rest in peace, after about 10,000,000 earth years in the Catholic version of Purgatory, or about the 5th ring of hell, but not the ninth ring.
At this point she probably doesn't know for sure which side of the planet she's on.
I thought they ruled on this already.
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.
...
Sometimes RBG gets it right. Sometimes Kagan gets it right. The Wide Latina never does.
I see what you did there.................
Different case................
court ruled 7-2............Good numbers.............
7 - 2 to overrule a UNANIMOUS decision of the 9th Circuit!
Trump should offer the DACA ‘kids’ the opportunity of being the first of ‘offworld citizen’s and a role in the Space Force instead of mere U.S. citizenship.
The “wisw latina” will NEVER vote against anything that may adversely affect a latino.
On Thursday, 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... Justices Sonia Sotomayor and Elana Kagan, both liberals, were the two dissenters.
Thanks Diana in Wisconsin.
Yep!! Before her in the judgement seat will be all the children she permitted to get assassinated in the womb!! Terrifying aspect! I hope she has a conversion to Jesus before it’s too late...Simply terrify!!
“When she dies, which I hope is this month, may her soul rest in peace”
“which I hope is this month” — LOL!
You sure they shouldn’t dig a 10th ring just for her and Soros? (...and Blackmun)
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