SCOTUS Upholds Expedited Removal of Undocumented Immigrants
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The Supreme Court held that the limits set by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 do not violate the Suspension Clause in Article I of the Constitution. This decision denies undocumented immigrants the right to habeas corpus review of the government’s removal decisions. Justices Sotomayor and Kagan dissented from Justice Alito’s majority opinion, arguing that, “By self-imposing this limitation on habeas relief...the Court abdicates its constitutional duty and rejects precedent.”
The ruling can be found here and below.
Matt Gluck is a former research fellow at Lawfare. He holds a BA in government from Dartmouth College.
Tia Sewell is a former associate editor of Lawfare. She studied international relations and economics at Stanford University and is now a master’s student in international security at Sciences Po in Paris.
