The case will determine whether migrants have a constitutional right to plead their cases in court before being thrown out of America
harsh asylum restrictions to take effect while litigation continues. Now the justices have agreed to take up another legal question on the issue: whether migrants who qualify for “expedited removal” from America have a constitutional right to plead their cases in court before being thrown out of the country. The case,will be argued in early 2020 and decided by the end of June.
Expedited removal—a policy that enables federal authorities to refuse entry or rapidly deport certain undocumented aliens—is not new.does not represent a direct challenge to the statute from 1996 providing for it. Since 2004, when the George W. Bush administration stepped up enforcement, the government has applied the law to unauthorised migrants caught within 100 miles of any land or sea border who had been in America no longer than 14 days.
While litigation continues over the administration’s effort to, in its words, “restore enforcement of the immigration laws passed by Congress”,asks whether migrants subjected to quick removal proceedings are protected by the constitution’s “suspension clause”—the phrase in Article 1, section 9 prohibiting Congress from suspending “the privilege of the writ of habeas corpus”, or the right to have one’s case heard in court.
The individual at the centre of the case is Vijayakumar Thuraissigiam, a Sri Lankan who was apprehended almost immediately after illegally crossing the Mexican border into America on February 27, 2017. Caught after crossing less than 100 feet of American soil, Mr Thuraissigiam was a prime candidate for expedited removal under the regime in effect since 2004. But he told authorities he had left Sri Lanka out of fear of persecution, and his case was referred to an asylum officer.
The government says Congress passed the expedited-removal law to “streamline[] rules and procedures” for “deny[ing] admission to inadmissible aliens,” while ensuring that there is “no danger that an alien with a genuine asylum claim will be returned to persecution”. Giving undocumented people a chance make to make habeas-corpus claims undermines Congress’s aim to remove aliens “expeditiously” and to "prevent abuse of the asylum system”, the brief reads.
France Dernières Nouvelles, France Actualités
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