Between a pandemic and the threat of military force, the United States citizens, it is easy to forget that the Aces management reserves its biggest cruel behavior of non-white immigrants. And it’s easy to forget, in last week’s narrow decision to uphold the pilot program, the Supreme Court has been largely willing to give a constitutional cover to such prejudice and xenophobia. But Trump’s dislike for black and brown immigrants never need a holiday one day. And the courts have consistently let him get away with it.
This week a reminder of this country’s wanton abuse toward migrants from the decision of the Supreme Court The United States Department of Homeland Security V. Thuraissigiam. The court ruled, by a vote of 7-2, the Constitution does not allow asylum seekers application for habeas corpus.
The victim in this case is Vijayakumar Thuraissigiam. He is a Sri Lakan people stop and arrested 25 yards into the country. He claimed asylum, and other laws allowed to do so. Thuraissigiam is a Tamil minority in Sri Lanka, and claiming fear of persecution if he is deported to Sri Lanka. An asylum officer denied his request, as part of a quick review of all asylum-seekers now face.
ACE the government has to make every effort to prevent asylum-seekers attractive, these quick decisions. If asylum officers and immigration judges determining asylum-seekers not”credible fear”, they can be deported without right of appeal, the judge’s decision. We let people have more opportunity to appeal Parking tickets than we give asylum seekers the opportunity to appeal decisions affecting their fundamental human rights.
The struggle of the ruling on his Thuraissigiam turning a novel legal approach. He requested a personal protection. The government does not allow indefinite imprisonment of people without a hearing: Thuraissigiam think, refused him an opportunity to appeal to speed up the process of deportation, depriving him of due process and the fundamental right to challenge his detention.
However, according to the Supreme Court, only the Aces and the administrative Agency gets to decide who gets rights and who does not. Writing for the majority, Justice Samuel Alito found that the accelerated deportation without appeal not a violation of due process or habeas corpus.
Alito even find the time to be flippant about the issue. He wrote, Thuraissigiam can be free if today he will go back to where he came from:”although the defendant did not claim an authorization to release, the government was pleased to release him to provide the release will occur in the cabin of an aircraft to Sri Lanka.” Obviously, Alito actually didn’t care whether Thuraissigiam have legitimate asylum requests. He just wants him in the cage or out of the United States of America, By Any Means Necessary.
The effect of Alito’s ruling is having a devastating asylum seekers. Without an appeals process, the people in the Thuraissigiam position has no function right. They can be arrested for crossing the border without proper documentation, detention until a custom and Border Protection agents to get around the review of their request, the request is rejected the immigration judge(who is not a real”judge”however, Federal employees working for Attorney General William Barr), and then be detained indefinitely, until the government boots them out of the country. And all you can do not they ever get to talk to a lawyer, because asylum seekers there is no constitutional right to counsel.
Such sadism is nothing new from Alito, or the Republican Party in General, especially when it comes to damage migration. But, as I said, the voting in this case is 7-2. Two free judges Stephen Breyer and Ruth Bader Ginsburg, and come to the same conclusion Alito as. Breyer wrote separately, joined by Ginsburg, and to explain their reasoning. Or try. The problem is that they didn’t really succeed; they just spent a lot of time explaining how to Alito’s decision should be limited does not apply to any category of the immigration trump card the government wants to round. But Thuraissigiam,Breyer and Ginsburg found that he did not have the basic right to challenge the ruling against him.
Their consent is maddening. Breyer and Ginsburg, seemed to understand, Alito’s logic will be applied to all asylum seekers and can be applied to any undocumented person living in the country, including people with families, they have built their lives here, even lawful permanent residents. They get the problem, but they still accept Alito’s result.
Only judge Sonia Sotomayor joined by Justice Elena Kagan, stand on a different opinion of this ruling. Sotomayor wrote:
(T)he court held that the Constitution’s due process protection measures do not extend to non-citizens such as defendant, who challenged the procedure used to determine whether they can seek asylum in this country or whether they can be converted to an unknown fate. The decision deprived them of any means to ensure rapid clearance of the order, an order, the court has just held, without any meaningful judicial oversight, as its substance. In doing so, the court in order to subvert the settlement of the Constitution paved the way toward transition has been summary of the rapid removal of the program into arbitrary administrative decisions.
Put more simply: Sotomayor noted that the court should now take the ACE of the government’s word for it in the immigrants should be deported, which was still right.
Sotomayor is the Justice who has emphasized the biases of the ACE tube what it is—and willing to call the whole damage made. It is Sotomayor who wrote the dissenting opinion here, because she made the case that the Muslim ban. It is Sotomayor who wrote a separate, concurring opinion in pilot decided to defend the equal protection claim of the Dreamer, rather than the narrow”ACE no error”reason provided by Chief Justice John Roberts.
Sotomayor is trying to Wake up people racism Trump the government’s anti-immigration laws and policies, some even her fellow liberals can not grasp and the Supreme Court has been too ready to rubber stamp.
One of the worst Supreme Court cases in American history Scott v Sandford. In this case, decided in 1857, the court ruled that a black man had lived in a Free State or a slave and the African Americans is not, it is impossible to be a citizen, of the United States. Chief Justice Roger Taeny notorious wrote that a black man”had no rights which the white man is the necessary respect.”
The United States Department of Homeland Security V. Thuraissigiam Will not be remembered as the omission of the Scott Decision, because it will not lead to a civil war. However, the legal effect is still terrible. I almost hope Alito have the courage to write plainly his real thoughts: one of the border who have no rights which whites are bound to respect. At least more people will pay attention to what just happened.