The U.S. Supreme Court ruled Thursday for the Trump administration in a key immigration case, determining that a federal law limiting an asylum applicant’s ability to appeal a determination that he lacked a credible fear of persecution from his home country does not violate the Constitution.
The ruling means the administration can deport some people seeking asylum without allowing them to make their case to a federal judge. The 7-2 ruling applies to those who fail their initial asylum screenings, making them eligible for quick deportation, FOX News reported.
In a decision in the case of Dept. of Homeland Security v. Thuraissigiam, the court ruled that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) – which prevents judicial review of the credible fear determination – does not violate the Constitution’s Suspension Clause, which protects habeas corpus privileges that allow courts to determine if a person should be released due to unlawful detention.
“In this case, however, respondent did not ask to be released. Instead, he sought entirely different relief: vacatur of his ‘removal order’ and ‘an order directing [the Department] to provide him with a new . . . opportunity to apply for asylum and other relief from removal,’” Justice Samuel Alito wrote in the court’s opinion, ruling “that relief falls outside the scope of the common-law habeas writ.”
Alito’s opinion also shot down the argument that the IIRIRA violated the Fifth Amendment’s Due Process Clause, citing an 1892 decision that ruled that for “foreigners who have never been naturalized, nor acquired any domicil or residence within the United States, nor even been admitted into the country pursuant to law,” decisions of administrative or executive officers exercising powers granted by Congress amount to due process.