Supreme Court Upholds Expedited Removal of Alien Apprehended at Border

The U.S. Supreme Court today upheld the 1996 Act of Congress that sharply limited judicial review for aliens whose claims of asylum are not found credible by immigration authorities. The opinion of the Court, joined by five Justices, upheld the statute entirely. The Court rejected the claim that the statute violated the Suspension Clause. That clause protects the right to seek habeas corpus relief for its original purpose, release from illegal custody. It provides no constitutional right for a person seeking to remain in this country when the government intends to release him to his own country.

Justices Breyer and Ginsburg upheld the statute as applied in the particular case. Justices Sotomayor and Kagan dissented.

The case is Department of Homeland Security v.  Thuraissigiam, No. 19-161. I will have more to say on it later.