Department of Homeland Security v. Thuraissigiam
Department of Homeland Security v. Thuraissigiam | |
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Holding | |
The limits set by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 on review that a federal court may conduct on a petition for a writ of habeas corpus under does not violate the Suspension Clause. | |
Court membership | |
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Case opinions | |
Majority | Alito, joined by Roberts, Thomas, Gorsuch, Kavanaugh |
Concurrence | Thomas |
Concurrence | Breyer (in judgment), joined by Ginsburg |
Dissent | Sotomayor, joined by Kagan |
Laws applied | |
U.S. Const. art. I Illegal Immigration Reform and Immigrant Responsibility Act of 1996 |
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a
The
Thuraissigiam, represented by the
On June 25, 2020, the Supreme Court reversed the Ninth Circuit. In a majority opinion authored by Justice Samuel Alito, the Court found that Thuraissigiam's claim for habeas corpus, to seek additional administrative review of his asylum claim, was beyond the scope established for habeas corpus in the Constitution, to secure release from unlawful detention. The majority opinion further rejected the argument that the Due Process Clause of the Fifth Amendment also compels judicial review of Thuraissigiam's claim.
Background
Federal immigration statute
The
A single immigration officer will then make a determination as to whether the fear is credible.[1] If he or she determines it is credible, a panel will hold a hearing to explore the immigrant's refugee claim, in detail. However, under the Illegal Immigration Reform and Immigrant Responsibility Act,[5] if the single frontline officer's initial assessment is that the fear is not credible, there is no route of appeal. Specifically, the part of the act codified as limits habeas corpus proceedings to the following determinations:[6]
- whether the petitioner is an alien,
- whether the petitioner was ordered removed under such section, and
- whether the petitioner can prove by a preponderance of the evidencethat the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee, or has been granted asylum.
Facts of the case
The respondent, Vijayakumar Thuraissigiam, is an "inadmissible alien who was apprehended almost immediately after illegally crossing the U.S. border and was placed into expedited removal proceedings".
Lower court proceedings
After reviewing Thuraissigiam's case, an immigration judge agreed with the immigration officer's conclusions, and ordinarily, this would have been a final decision not subject to appeal.
Supreme Court
The Department of Homeland Security filed a petition for a writ of certiorari in the Supreme Court of the United States, which granted certiorari on October 18, 2019, in order to review "whether, as applied to respondent, Section 1252(e)(2) is unconstitutional under the Suspension Clause".[3] Oral arguments were heard on March 2, 2020.[8]
Opinion of the Court
The Court issued its decision on June 25, 2020. In a 7–2 opinion on judgment, the majority ruled that as under §1252(e)(2), the limits of review that a federal court may conduct on a petition for a writ of habeas corpus do not violate the Suspension Clause, reversing the Ninth Circuit's decision and remanding the case back for further review.[1] The majority opinion was written by Justice Samuel Alito and joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh. Alito wrote that the habeas corpus claim made by Thuraissigiam failed as "it would extend the writ of habeas corpus far beyond its scope 'when the Constitution was drafted and ratified.'" as "Habeas has traditionally been a means to secure release from unlawful detention, but respondent invokes the writ to achieve an entirely different end, namely, to obtain additional administrative review of his asylum claim and ultimately to obtain authorization to stay in this country."[9] Alito further addressed the claims of due process would only be extended to those "who have established connections in this country" and not to a situation like Thuraissigiam who had just entered the country.[9]
Concurrence and dissent
Justice Clarence Thomas wrote a concurring opinion "to address the original meaning of the Suspension Clause."[10]
Justice Stephen Breyer wrote an opinion concurring only in the judgment, which was joined by Justice Ruth Bader Ginsburg. Breyer agreed with the majority opinion that the Suspension Clause was not violated in this specific case but would have ruled no further than that.[9]
Justice Sonia Sotomayor wrote a dissent joined by Justice Elena Kagan. Sotomayor wrote that the majority opinion "handcuffs the Judiciary's ability to perform its constitutional duty to safeguard individual liberty and dismantles a critical component of the separation of powers" and that "It will leave significant exercises of executive discretion unchecked in the very circumstance where the writ's protections 'have been strongest'".[9]
References
- ^ a b c d e
Linda Greenhouse (January 20, 2020). "An Old Battle Resumes at the Supreme Court". The New York Times. Retrieved January 2, 2020.
The question in Department of Homeland Security v. Thuraissigiam is whether a 1996 federal immigration law unconstitutionally stripped the federal courts of jurisdiction over cases, including habeas corpus cases, brought by undocumented immigrants who are subject to what the law designated as 'expedited removal.'
- ^ Thuraissigiam v. United States Dep't of Homeland Sec., 917 F.3d 1097 (9th Cir. 2019).
- ^ a b c d e f "19-161 Dept. of Homeland Security v. Thuraissigiam: Question Presented" (PDF). U.S. Supreme Court. October 18, 2019. Archived (PDF) from the original on December 13, 2019. Retrieved April 24, 2020.
- ^ a b "Department of Homeland Security v. Thuraissigiam". American Civil Liberties Union. January 17, 2020. Archived from the original on February 24, 2020. Retrieved April 24, 2020.
- , Div. C.
- ^ : Judicial review of orders of removal
- ^ "Department of Homeland Security v. Thuraissigiam: Joint Appendix - Order of the Immigration Judge" (PDF). U.S. Supreme Court. p. 97. Retrieved April 24, 2020.
- ^ "Department of Homeland Security v. Thuraissigiam: Oral Argument - Audio". U.S. Supreme Court. March 2, 2020. Retrieved April 24, 2020.
- ^ a b c d Higgens, Tucker (June 25, 2020). "Supreme Court delivers win for Trump in case over speedy deportation". CNBC. Retrieved June 25, 2020.
- ^ Hong, Kari (June 26, 2020). "Opinion analysis: Court confirms limitations on federal review for asylum seekers". SCOTUSblog. Retrieved June 28, 2020.
Further reading
- Garza, Vanessa M. (2019). "Unheard and Deported: The Unconstitutional Denial of Habeas Corpus in Expedited Removal" (PDF). Houston Law Review. 56 (4): 881–926.
External links
- Text of Dept. of Homeland Security v. Thuraissigiam, No. 19-161, 591 U.S. ___ (2020) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)
- Department of Homeland Security v. Thuraissigiam on the Supreme Court docket
- Text of 8 U.S.C. § 1252. Judicial review of orders of removal on Legal Information Institute