Supreme Court Gives Trump a Win on an Expedited Deportation
The Supreme Court on Thursday gave the Trump administration a win in a case of expedited deportation.
In the case of Department of Homeland Security v. Thuraissigiam, the court ruled 7-2 that the noncitizen was not entitled to appeal his deportation, and that putting him for expedited deportation did not violate the Suspension Clause or the Due Process Clause. The ruling only applies to those who have failed their initial asylum interviews and court processes.
In this case: 1) fail – initial asylum officer 2) fail – supervisory asylum officer 3) fail – immigration judge.
Thuraissigiam was apprehended 25 yards inside the US, not at a legal port of entry. His “fear” of persecution had no documentation and was only a nebulus statement about being beaten. He admitted that he was not in fear of his life from any of the criteria for asylum. He also did not ask for release.
From the ruling:
Respondent Vijayakumar Thuraissigiam is a Sri Lankan national who was stopped just 25 yards after crossing the southern border without inspection or an entry document. He was detained for expedited removal. An asylum officer rejected his credible-fear claim, a supervising officer agreed, and an Immigration Judge affirmed. Respondent then filed a federal habeas petition, asserting for the first time a fear
of persecution based on his Tamil ethnicity and political views and requesting a new opportunity to apply for asylum. The District Court dismissed the petition, but the Ninth Circuit reversed, holding that, as applied here, §1252(e)(2) violates the Suspension Clause and the Due Process Clause…
…Respondent argues that this rule [expedited deportation] does not apply to him because he was not taken into custody the instant he attempted to enter the country (as would have been the case had he arrived at a lawful port of entry). Because he succeeded in making it 25 yards into U. S. territory before he
was caught, he claims the right to be treated more favorably. The Ninth Circuit agreed with this argument.
We reject it. It disregards the reason for our century-old rule regarding the due process rights of an alien seeking initial entry…
… Because the Ninth Circuit erred in holding that
§1252(e)(2) violates the Suspension Clause and the Due Process Clause, we reverse the judgment and remand the case with directions that the application for habeas corpus be dismissed.” Majority opinion written by Justice Alito
It likely doesn’t go beyond the case at hand. Fox reported,
“The Trump administration is seeking to expand authority so that people detained anywhere in the U.S. and up to two years after they got here could be quickly deported.”
There are numerous other legal issues to be worked out regarding that plan, and this one may not solve the entire problem unless the person has been rejected for asylum by at least three officials.
“While respondent does not claim an entitlement to release, the Government is happy to release him—provided the release occurs in the cabin of a plane bound for Sri Lanka.” Justice Samuel Alito