Supreme Court Agrees to Hear Arguments in Important Cases
Immigration law is constantly changing, and policies put in place are routinely being challenged for legality. Sometimes, the legality of these programs gets argued all the way to the Supreme Court.
Although the Supreme Court does not hear a great many cases every year (compared to the number of times litigants request the Court hear their case), in the coming months, the Supreme Court is set to hear cases that will have a significant impact on immigration law.
The End of DACA
The Trump administration recently opted to terminate DACA. This is an initiative which allows children who came to the country at a very young age, to remain here legally and to be allowed to work in the country legally. The logic is that young children raised as Americans should not be punished for their parents’ actions if their parents entered the country illegally.
The repeal is being challenged due to the fact that the government, in repealing DACA, allegedly did not follow the correct procedure, which is in place to avoid “arbitrary and capricious” decisions. If DACA is allowed to be repealed, about 700,000 additional people would be considered to be in the country illegally.
Civil Suits for Damages Against Agents
In a separate case, the Supreme Court will rule whether the Mexican family of a boy that was killed by border agents can sue the government. The boy was killed while on the Mexican side of the border, by a border agent on U.S. property.
Like many police excessive force cases, the Court will have to determine whether the border agent is immune from suit. Additionally, if the Court rules for the boy’s family, it could open the door for other lawsuits where immigration agents violate the rights of noncitizens.
Expedited Removal Challenged
The Supreme Court also announced that it will review “expedited removal,” which allows for expedited deportation of those arrested within 100 miles of the border, if they are caught within two weeks of their arrival into the country, and so long as there is no credible threat that the asylum seekers will be prosecuted in their home country if they are returned.
That removal policy was challenged by a man who said that he had the right to have his case heard by a federal court, as opposed to being subject to the expedited deportation. The expedited procedures do not have the procedural protections that many other immigration procedures do. For example, there is no hearing and no appeal process.
A federal court deemed the expedited procedure to be unconstitutional, citing in part similar procedural rights that were afforded to detainees at Guantanamo Bay in 2008. The Supreme Court is set to hear arguments in the case.
Make sure your immigration attorneys are up to date with the current status of immigration laws and procedures. Contact the Palm Beach County immigration attorneys at Devore Law Group to help you with your immigration questions.