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Immigration Law

Expert: Supreme Court Immigration Case 'Squarely Raises Constitutional Issues'

Ariane de Vogue, CNN, Mar. 2, 2020

"The Supreme Court will consider a major case Monday concerning the rights of some asylum seekers to challenge their expedited removal.  The Trump administration is asking the Supreme Court to reverse an opinion of the 9th Circuit Court of Appeals that would allow some individuals who have been denied asylum the opportunity to make a claim in federal court. If the opinion stands, it could open the courthouse doors to more asylum seekers. ... Stephen Yale-Loehr, an immigration professor at Cornell Law School, says the case is important because it "squarely raises constitutional issues."  "Here the Court must decide whether newly arrived immigrants have the same right to challenge their detention in federal court as U.S. citizens," he said. Yale-Loehr noted that nearly half of all removals from the United States occur through expedited removal. "If the Court holds that the Constitution applies to arriving immigrants, the number of such deportations will surely decrease," he said."