The U.S. Supreme Court sidestepped a turbulent debate over illegal immigration on Monday, turning away an appeal by a group of asylum-seeking Central American women and their children who aimed to clarify the constitutional rights of people who the government has prioritized for deportation.
The families, 28 women and 33 children ages 2 to 17 from El Salvador, Honduras and Guatemala, had hoped the justices would overturn a lower court's ruling preventing them from having their expedited removal orders reviewed by a federal judge.
That Philadelphia-based court said the status of the families, all apprehended in Texas and later held in Pennsylvania, was akin to non-citizens who are denied entry at the border and they were not entitled to a court hearing to challenge that decision.
[U.S. Top Court Leaves Intact Ruling Against Central America Asylum Seekers, by Andrew Chung, Reuters, April 17, 2017]
This decision has implications for the Executive Orders on refugees that are currently stayed by radical left-wing judges who do not either understand the law or just don't care about the law, wanting to rule this nation as kritarchs. This opens the way to the full implementation of Expedited Removal and its expansion. Only Expedited Removal can unclog the immigration courts. The implication of the decision is that arriving and illegal aliens have no more due process rights than that given to them by Congress.
"Congress may, consonant with the Constitution, deny habeas review in federal court of claims relating to an alien's application for admission to the country, at least as to aliens who have been denied initial entry or who, like petitioners, were apprehended very near the border and, essentially, immediately after surreptitious entry into the country," the Third Circuit Court of Appeals in Philadelphia previously concluded.
[Supreme Court Rejects Appeal For Latin American Refugees Seeking U.S. Asylum, by Doug Ware, UPI, April 17, 2017]
The lower court ruling could not be better for the United States. The decision recognizes that Congress exclusively makes laws regarding aliens and their entry or bar from the United States.
Left-wing activist groups were stunned, and left sputtering that President Trump cannot do what that court just said he could do.
"These families cannot be sent back to certain danger," Margaret Huang, executive director of Amnesty International USA, said in a statement. "The United States has an international obligation to grant asylum seekers a fair hearing. They must not be deported, or detained any longer, and must have their full cases heard by an immigration judge."
"It is alarming that the Supreme Court has passed on the opportunity to correct this deeply flawed ruling which denies due process to mothers and children who are seeking this country's protection," Eleanor Acer, senior director of refugee protection at Human Rights First, said Monday. "These families, who have sadly been held in immigration detention for over a year after requesting this country's protection, face dire risks of danger in their home countries. The United States should not return these families to danger.
The ACLU's derangement was most amusing, claiming that the asylum fraudsters, all illegal aliens, could not be treated as non-citizens,which is the very definition of alienage.
The ACLU, which represented 28 single mothers and 33 children in the case, rejected the logic of the lower court's decision, saying migrants who cross the border "cannot be treated as non-citizens arriving at the border and thereby denied constitutional rights, particularly habeas corpus rights."
Well, ACLU, you're wrong. Aliens may be denied due process and habeas corpus rights. The Supreme Court rejected your claims and left the deportation orders to be enforced. The only issue is to expand this to all aliens illegally in the United States and restrict due process and habeas rights to those aliens admitted for long-term residence as legal permanent residents. This will free up the immigration courts from a backlog of hundreds of thousands of scheduled hearings for those aliens who are in the United States illegally. Let the immigration courts concentrate on cases involving legal permanent residents and let Expedited Removal deal with the millions of illegal aliens in teh United States.
This is some great news among much bad news of late. It lays the basis for solving the illegal immigration problem by deportation, the only reasonable solution.