President Donald Trump and his base have been eager for a Supreme Court victory lately — and they finally got one.
In a lopsided 7–2 ruling, the high court decided Thursday that asylum seekers who are denied entry to the United States can be quickly deported without an opportunity to appeal the decision in U.S. federal court, the Washington Examiner reported.
SCOTUS delivers big win
According to Fox News, the Supreme Court ruled that an immigration law that allows for the “expedited removal” of asylum seekers does not abridge habeas corpus, which provides Constitutional protection from arbitrary detention.
The plaintiff in the case, a Sri Lankan immigrant who was arrested after illegally crossing the border, reportedly argued that he was being unlawfully detained after his asylum case was rejected by immigration officers and an immigration judge. To receive asylum, applicants must prove “credible fear of persecution” based on their belonging to a social group, as The Hill reported, but the plaintiff did not provide any evidence of such, according to the determination.
The American Civil Liberties Union (ACLU) had initially challenged the Trump administration, and they won at the 9th U.S. Circuit Court of Appeals, according to the Examiner, but the Supreme Court vindicated Trump.
On behalf of the majority, Justice Samuel Alito argued that the plaintiff was claiming due process rights outside of habeas corpus by demanding another opportunity to prove his asylum case, rather than simply asking to be released. Moreover, the court argued that the plaintiff, who was apprehended 25 miles past the border, is not entitled to the same due process protections as an alien who has established ties with the country.
“While aliens who have established connections in this country have due process rights in deportation proceedings, the court long ago held that Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien at the threshold of initial entry cannot claim any greater rights under the Due Process Clause,” Alito wrote, according to The Hill.
Common sense restored
The Trump administration has long argued that the asylum process has been abused by applicants with spurious claims of persecution, but critics have said that Trump’s reforms heartlessly undermine human rights and “international law.”
Justice Sonia Sotomayor, one of two dissenters, argued just that, insisting that the ruling “deprives [asylum seekers] of any means to ensure the integrity of an expedited removal order,” according to Fox.
But Justice Alito summarized it perfectly: in this case, deportation is perfectly consistent with habeas corpus.
“While respondent does not claim an entitlement to release, the Government is happy to release him — provided the release occurs in the cabin of a plane bound for Sri Lanka,” Alito said, as CBS News reported.
This is great news, but it shouldn’t take a Supreme Court decision to clarify that illegal aliens don’t have a right to bog down the courts with bogus asylum claims. That’s just common sense.