Tuesday, February 25, 2020

U.S. Supreme Court argument preview: What process is due in expedited removal?


The Supreme Court has a full docket of immigration cases this Term.  Kari Hong on SCOTUSBlog offers a preview of the oral argument before the Supreme Court in Department of Homeland Security v. Thuraissigiam.  Arguments will be on March 2.  The case raises important questions about whether asylum-seekers may challenge mistakes made during the expedited removal process.  As Hong lays the issues out,

"The government argues that if expedited removal is slowed down—by requiring any review process beyond what is currently provided—removals will decrease while precious resources will be spent on detention, full hearings and federal court actions.

Immigration advocates fear that if the court finds the existing procedures adequate, this case could produce a “papers please” world, in which immigration enforcement officers can stop any of us, and make an on-the-spot decision to detain, deport or leave us alone.

The actual outcome will most likely fall in between these two extremes. But however Thuraissigiam’s specific grievance is resolved, many more asylum-seekers, many more immigrants, and even some citizens who may be swept up by mistake will be affected by the aftermath."



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