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This week, the U.S. Supreme Court issued significant opinions on immigration, determining that illegal aliens jailed for six months do not enjoy the same basic liberties as American citizens, nor do they have the legal right to a bond hearing for release.
“The decision addressed two separate cases involving three illegal aliens, two Mexican nationals that entered the U.S. illegally after being previously deported. After they were detained, they filed a putative class action for a bond hearing after six months of detention. The third illegal alien was from El Salvador and reentered the country illegally after being deported. He also sued in Washington federal court for a bond hearing. The case was brought to the high court under the Trump administration and was inherited by the Biden administration, which continued to pursue the previous administration’s fight,” the CenterSquare reported, adding:
“Respondents sought withholding of removal under the INA based on their fear that, if returned to their countries of origin, they would face persecution or torture,” liberal Justice Sonia Sotomayor wrote in the opinion.
The issue was brought to court by the Trump administration and inherited by the Biden administration, which maintained the previous government’s struggle, as reported by Martin Wash for Conservative Brief, adding:
The American Civil Liberties Union claimed the administration was “decidedly on the wrong side of this issue” due to Biden’s decision.
In an opinion written by Justice Samuel Alito, the court determined that the Act prohibits class-wide injunctive relief, but does not preclude injunctive relief for numerous named plaintiffs.
Alito stated, “It generally prohibits lower courts from entering injunctions that order federal officials to take or to refrain from taking actions to enforce, implement, or otherwise carry out the specified statutory provisions.”
According to a recent report from Voice of America, the Supreme Court is poised to provide several significant immigration-related decisions this year.
“U.S. judges will be making important rulings on immigration in 2023, playing a significant role in shaping the nation’s immigration policy. Congress has not revised American immigration laws comprehensively since 1990, and Cornell Law School Professor Stephen Yale-Loehr told VOA that efforts by subsequent administrations to revise the immigration system through executive orders are tied up in court battles,” the outlet noted.
The Supreme Court voted in December to maintain the Trump-era regulation for the time being, pending the outcome of other legal challenges to the policy. In February, the court will hear arguments in the case before rendering a final ruling.
This law gives the federal government the authority to close the border in the event of an emergency. It was implemented in March of 2020 by then-President Donald Trump and has prohibited hundreds of thousands of migrants from requesting asylum in the United States.
The provision was slated to expire prior to the Supreme Court’s intervention, while thousands more migrants are jammed into shelters along the U.S.-Mexico border.
Trump utilized Title 42 in 2020 when the global COVID outbreak emerged. Since its implementation, more than two million migrants have been deported. President Joe Biden also maintained the rule.
Former President Barack Obama’s Deferred Action for Childhood Arrivals program is one of the other key cases before the Supreme Court.
“The Biden administration revised the Deferred Action for Childhood Arrivals, or DACA, program in 2022, putting it through the formal rulemaking process to increase its odds of satisfying the arguments that it was not properly created. Since its inception in 2012, it has protected from deportation hundreds of thousands of undocumented immigrants brought to the United States as children,” Voice of America reported.
More on this story viaThe Republic Brief:
“In 2018, Texas and other Republican-led states sued the federal government, arguing that DACA harms states financially because they legally must provide education, health care, and other services to all residents of their states, including undocumented immigrants. The states further argue that only Congress has the authority to grant immigration benefits,” the outlet added.