U.S. Supreme Court to Hear Trump Appeal Over Rapid Deportation Dispute
The United States Supreme Court agreed to hear an appeal made by the Trump Administration regarding the San Francisco-based 9th Circuit Court of Appeals which found that the expedited removal law violated the suspension clause of the United States Constitution. “It is a foundational principle of our Constitution that individuals deprived of their liberty have access to a federal court – this includes asylum seekers whose lives are in danger,” said American Civil Rights Liberties Union (ACLU) attorney Lee Gelernt, who represents the defendant in this case. The Trump Administration released a statement that a Supreme Court ruling would limit the ability of the law to achieve its intention, selectively targeting individuals for quick removal, “undermining the government’s ability to control the border.”
Though the ruling applied exclusively to the defendant in this case, rather than the law in general, such a ruling could have ramifications for the expedited removal law moving forward. The court will listen to oral arguments and issue a ruling in its current term, which ends June 2020.
For more information, view the full article from Reuters.
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House Democrats say migrants aren’t getting fair hearings at tent courts on the border
Last week, four courts issued injunctions barring the Trump Administration from implementing the controversial public charge rule that would dramatically change the way immigration law operates in the United States. Two of the courts issued nationwide injunctions. One barred USCIS from using forms released at the last minute and another issued an injunction limited to just the West Coast states. USCIS quickly took down the new forms from its web site.
Last week, the State Department also made the surprising move of releasing an interim public charge final rule set to take effect just a week after publication. The short notice caught immigration lawyers off guard, and many are concerned that there will not be enough time to convince a court to stop the rule from going into force. DOS indicated the day of the USCIS rule being blocked that it would ignore what the courts have said about the DHS rule and would implement their rule at midnight on October 15, 2019 even though it had not issued any guidance on how it plans to implement its new rule. However, on October 15th, a State Department official told CBS News that it has now decided to delay implementation of the rule until a new form is issued. In the meantime, the State Department rule is expected to face a legal challenge.
For more information, view the full article from Vox.
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