Biden Administration Loses in Supreme Court over Deportation Law

AP Photo/J. Scott Applewhite, File

On Friday the U.S. Supreme Court upheld a law established by Congress requiring the deportation of foreign nationals who illegally enter the country. It's a blow to President Biden's lax enforcement of deportation laws. 


As we know from Biden's actions since his first day in office, he is ok with an open border. It is how he is fundamentally changing America. On Tuesday he will announce a new scheme to give legal status to illegal aliens who are married to Americans and have been living in the United States for 10 years. It will give mass amnesty to over 1.1 million illegal aliens, according to analysts. Laws? What immigration laws? 

Friday's ruling was on three consolidated cases in Campos-Chaves v Garland. The cases were on appeal in the Fifth and Ninth circuits. Appellate courts issued conflicting rulings.

The illegals were deemed inadmissible under federal law. The foreign nationals illegally entered the United States and they were given Notice to Appear (NTA) documents. Those documents instructed the illegal aliens to appear in immigration court at a later date and time. None of them showed up to their hearings. Federal immigration judges ordered their removal in absentia, as is the federal law established by Congress.

The illegal aliens sued. They demanded that their deportation orders be rescinded. They claimed that they didn't receive proper written notification. They also made technical arguments, such as challenging the definitions of the word 'change' in the order they received. In other words, they were hoping to stay because of technicalities in their paperwork. 

A majority of Supreme Court justices didn't see it that way. The vote was 5-4. Justice Alito wrote the majority opinion. Chief Justice Roberts, and Justices Thomas, Kavanaugh, and Barrett concurred. Justice Gorsuch joined with Justices Ketanji Brown Jackson, Sotomayor, and Kagan in the dissenting opinion.

The majority ruled that the federal government followed the law. They ruled that proper notification was provided. The minority argued otherwise and claimed the federal government has a practice of issuing defective NTAs. 

Three cases were consolidated. The facts vary but the key details were the same in all three cases. Justice Alito explained, “When each alien failed to show up for the hearing, an Immigration Judge entered an in absentia order of removal. Each alien then sought rescission of that order … In all three cases, an Immigration Judge and the Board of Immigration Appeals refused to reopen the proceedings, prompting the aliens to file a petition for review in federal court.”

The court ruled that they received proper notice for their hearings. They didn't show up so orders for removal were issued. They cannot seek rescission of their in absentia removal orders because of the alleged defective notices.

The illegal aliens involved in the consolidated case were from three different countries - Moris Esmelis Campos-Chaves, an El Salvadoran citizen, Varinder Singh, an Indian citizen, and Raul Daniel Mendez-Colin, a Mexican citizen. Campos-Chaves entered Texas in 2005, Singh entered California in 2016, and Mendez-Colin entered Arizona in 2001. They received multiple hearing notices yet none showed up for a hearing.

A panel of three judges on the liberal Ninth Circuit granted the petitions of Singh and Mendez-Colin. Then the federal government petitioned for a rehearing en banc for both cases. They were denied. So, they petitioned the Supreme Court.

The Supreme Court upheld the Fifth Circuit's judgement which reversed the Ninth Circuit's judgement on Mendez-Colin and vacated Singh's judgement.

There was also a previous 2022 ruling debunking the plaintiffs’ claims, which Justice Alito cited. 

Will the Biden administration carry through with these three deportations? Maybe they will fall under Biden's amnesty for those who will benefit from his announcement tomorrow. As long as laws are not followed and illegal aliens sue the United States with impunity to stay, it is a magnet for more to come. Nothing will change until we get a new president.


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Jazz Shaw 1:00 PM | July 14, 2024