08 de julio de 2020
English - News

Supreme Court limits legal rights of undocumented migrants requesting asylum

 View of the Supreme Court building in Washington DC.  EFE-EPA/Michael Reynolds/File

View of the Supreme Court building in Washington DC. EFE-EPA/Michael Reynolds/File

Washington, Jun 25 (efe-epa).- The US Supreme Court on Thursday ruled that immigrants whose asylum requests were rejected when they entered the country cannot appeal those decisions in federal court, a precedent that would make it more difficult of thousands of undocumented migrants who come to the southern border to pursue their cases.

By a 7-2 vote, the high court granted a victory to the Donald Trump administration in a ruling that, according to activists and experts, could allow the White House to intensify its campaign to deny asylum to undocumented migrants with little or no judicial oversight.

The case involved Vijayakumar Thuraissigiam, a member of the Tamil ethnic minority of Sri Lanka, who was detained shortly after crossing the border from Mexico at San Ysidro, California, and requested asylum, arguing that he had a "credible fear" of persecution if he were to be deported to his country of origin.

Thuraissigiam's asylum request, like those of thousands of other undocumented migrants who cross the border into the US each year, was considered in accord with the "expedited deportation" process, which allows the government to speed up the expulsion of those migrants without having to submit to court supervision of the cases.

After having his request rejected, Thuraissigiam filed a habeas corpus request in federal court arguing that the tortures he was fleeing, and which he had recounted to immigration agents, had occurred as part of a well-documented campaign of abuses against Tamils in Sri Lanka.

Although the first judge rejected his request, an appeals court ruled that the 1996 law on which the expedited deportation procedure is based was not constitutional, sending the case to the Supreme Court.

The ruling, with the majority opinion being written by conservative high court Justice Samuel Alito, concludes that "An alien who is detained shortly after unlawful entry cannot be said to have 'effected an entry,'" and thus cannot demand the right to due process under the Constitution.

Just two justices voted against the plaintiff, progressives Elena Kagan and Sonia Sotomayor, and the latter, the first Hispanic on the US high court, warned that the ruling could have implications beyond Thuraissigiam's case and could affect how undocumented migrants who come to this country are treated.

Sotomayor - in her dissenting opinion - wrote that the high court's majority misinterpreted the constitutional protections available to anyone on US soil, even migrants who illegally cross the border, saying: "In doing so, the Court upends settled constitutional law and paves the way toward transforming already summary expedited removal proceedings into arbitrary administrative adjudications."

The Trump administration has limited the ability of undocumented migrants to request asylum in the US with an immigration policy that has brought widespread criticism and many lawsuits, but the high court so far has backed the legality of that strategy and in March gave the green light to the "Remain in Mexico" program.

That policy forces many undocumented migrants requesting asylum at the southern US border to wait in Mexico until their requests are processed and a hearing before an immigration judge is granted, all of which can take many months.




Histórico de noticias
Daily COVID-19 pandemic roundup: July 6

Miami Desk, Jul 6 (efe-epa).- Here's a roundup of stories around the world related to the novel coronavirus pandemic:

At least 7 dead, 40 injured when gasoline truck burns on Colombia highway

Barranquilla, Colombia, Jul 6 (efe-epa).- At least seven people died and 40 were injured on Monday when a tanker truck filled with gasoline flipped over and...

Texas, Florida hospitals on verge of collapse while Trump does nothing

Washington, Jul 6 (efe-epa).- Some hospitals in the states of Texas and Florida are on the verge of having no additional beds for coronavirus - or any other...

Trudeau will not visit Washington to hail USMCA pact with Trump, AMLO

Toronto, Jul 6 (efe-epa).- Canadian Prime Minister Justin Trudeau will not travel to Washington this week to meet with US President Donald Trump and Mexican...

Too-early reopening responsible for Covid-19 spikes in US

Washington, Jul 5 (efe-epa).- Local officials in the US states hardest hit by the renewed Covid-19 spikes - including Florida and Arizona - on Sunday are...

Daily COVID-19 pandemic roundup: July 2

Miami Desk, Jul 2 (efe-epa).- Here's a roundup of stories around the world related to the novel coronavirus pandemic:

US puts brakes on economic reopening as daily infection tally hits new high

By Jairo Mejia

Plastic curtain allows relatives to hug quarantined elderly in Sao Paulo

By Carla Samon Ros

Three snapshots of Venezuela's ongoing crisis

By Ron Gonzalez

Daily COVID-19 pandemic roundup: July 1

Miami Desk, Jul 1 (efe-epa).- Here's a roundup of stories around the world related to the novel coronavirus pandemic:

US buys up almost all Remdesivir to treat COVID-19

Washington, Jul 1 (efe-epa).- The United States, the world epicenter for the coronavirus with more than 2.6 million cases and a death toll of 127,000, has...

Weinstein victims to receive $19 mn in settlement

New York, Jul 1 (efe-epa).- Dozens of women who were sexually abused and harassed while they were working for now-convicted US film producer Harvey...

Daily COVID-19 pandemic roundup: June 30

Miami Desk, Jun 30 (efe-epa).- Here's a roundup of stories around the world related to the novel coronavirus pandemic:

US considering another stimulus package amid huge pandemic challenge

By Alfonso Fernandez

Fauci: US could quickly jump from 40K to 100K daily Covid-19 cases

Washington, Jun 30 (efe-epa).- The top US government epidemiologist, Dr. Anthony Fauci, on Tuesday warned that the number of newly detected daily...

Ex-Pemex chief arrested in Spain agrees to be extradited to Mexico

Mexico City, Jun 30 (efe-epa).- Mexican Attorney General Alejandro Gertz Manero reported Tuesday that the former director of Mexico's state-run oil company...

Black Lives Matter protesters set up camp in New York

By Jorge Fuentelsaz

More than 100 arrested for vandalizing statues amid US protests

Washington, Jun 29 (efe-epa).- More than 100 people have been arrested for vandalizing statues and monuments amid the protests against racism and police...

Supreme Court overturns Louisiana law restricting abortion

Washington, Jun 29 (efe-epa).- The US Supreme Court on Monday overturned a law that would have severely restricted access to abortion in Louisiana, dealing...

Daily COVID-19 pandemic roundup: June 28

Miami Desk, Jun 28 (efe-epa).- Here's a roundup of stories around the world related to the novel coronavirus pandemic:

LGTB+ groups cancel marches due to pandemic, but not demands for equality

International Desk, Jun 28 (efe-epa). - The coronavirus pandemic forced the worldwide LGTB+ community to cancel in-person marches and Gay Pride parties on...

No new Florida COVID-19 record set, but Miami infections keep rising

Miami, Jun 28 (efe-epa).- After two consecutive days of setting new records for newly detected coronavirus infections, the daily number of cases confirmed...

Daily COVID-19 pandemic roundup: June 25

Miami Desk, Jun 25 (efe-epa).- Here's a roundup of stories around the world related to the novel coronavirus pandemic:

Worst Sahara dust cloud in 50 yrs endangering Caribbean air quality

San Juan/Havana, Jun 25 (efe-epa).- A good part of the Caribbean, from Cuba to Mexico, including Puerto Rico and the Lesser Antilles, this week is suffering...