Going “All In”: The Supreme Court Delivers Major Wins for the Administration on Immigration Enforcement

Below is my column on Fox.com on the two immigration decisions yesterday from the Supreme Court. One of the cases turned on a Clintonesque debate of what the meaning of “in” is. In the end, however, the Court went “all in” with executive authority over immigration policy.

Here is the column:

“In ordinary speech, no one would say that a person ‘arrives in’ a place … before the person enters that place.”

Those words may seem ripped from the pages of Dr. Seuss but they are taken from the 6-3 majority opinion of Justice Samuel Alito in Mullin v. Al Otro Lado. They captured the lost-in-translation character of the Court’s fight over whether undocumented persons must be physically present in the United States to make an asylum claim. In one of a pair of major immigration wins for the Trump Administration, the Court ruled that asylum seekers who are stopped on the other side of the Southern border are not present in the United States. If treated as inside the country despite being outside it, these individuals would be allowed to enter and remain while their asylum claims are pending.

The case highlights the lengths to which the Biden Administration went to facilitate the entry of undocumented persons into the country. It rescinded a policy of “metering” that was put into place by the Obama Administration (and later restored and expanded by the Trump Administration).

In seeking to bar Trump from enforcing the same policy as the Obama Administration, the three liberal justices sounded positively Clintonesque in debating what the meaning of “in” is. Justice Sonia Sotomayor denounced the majority’s “illogical interpretation is driven almost entirely by a fixation on a single word: ‘in.’ Words, however, must be read in context and with attention to how they fit into the statute as a whole.”

In their view, “contextual” reading means that you can be “in” the United States without actually being “in” the United States.

The sharp disagreement in the opinions spilled over to the release of the opinions. Justice Alito read a summary of his opinion, followed by a more lengthy reading by Justice Sotomayor of her dissent. The stinging dissent produced a rare rebuttal from the bench by Alito, who was surprised by the extended comments and said that, if he had not been blindsided, he would have said more, including how “the policy in question was adopted by two very different administrations.”

The court also delivered a major victory in Mullin v. Doe, upholding the right of the Administration to strip more than 356,000 Syrian and Haitian immigrants of temporary protection status. Again, lower courts afforded the Obama and Biden Administrations greater leeway in granting such status than Trump in rescinding it.

The combination of the two opinions offers significant advances for the Administration in addressing millions of undocumented persons in this country.

In her dissent in Mullin, Sotomayor invoked the image of the voyage of the M. S. St. Louis, where Jews fleeing Nazi Germany were not allowed entry in various countries only to be returned to Germany, where many died in the Holocaust.

The problem with the analogy is that all of those on the St. Louis were demonstrably in flight from lethal persecution. Virtually all of the asylum claims made at our borders are rejected as unsupported or invalid. Immigration groups hand out material across the border, coaching immigrants to claim asylum status to guarantee that they can stay in the country for years before any final adjudication can be made. The acceptance rate of these claims is currently below five percent.

The question is how to limit such constructive entries if being “in” the United States does not require actually being in the United States. More importantly, absent a clear legal basis for such constructive entries, it is not clear why courts should be able to dictate such policies. The control of our borders has long been an area marked by heavy deference to the Executive Branch. During the Biden Administration, courts often embraced that discretion as the Administration allowed over ten million unvetted immigrants to enter.

Trump was elected on the pledge to reverse these policies by using the same discretion that his predecessor employed to open the border.

The dissent shows how untethered these opinions are from not just “ordinary speech,” but principles of judicial restraint. Placing these disputes in “context” is a liberating construct that allows a court to read the words “arrives in the United States” to include those outside of the United States. It also gives a glimpse at the likely approach of the new expanded Supreme Court that Democrats are pledging if they regain power.

The decisions in Mullin v. Doe and Mullin v. Al Otro Lado will not erase the backlog in immigration cases or remove millions of unvetted immigrants. That will require both an expansion of our immigration courts and real reforms to further streamline the removal process. However, in two 6-3 opinions, the Administration regained substantial authority in the management of our borders.

Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

 

274 thoughts on “Going “All In”: The Supreme Court Delivers Major Wins for the Administration on Immigration Enforcement”

  1. DACA Recipients Needlessly Jerked Around

    Deferred Action for Childhood Arrivals (DACA) recipients sued the federal government Thursday, citing significant delays in renewals of their status under the Trump administration.

    DACA recipients must renew their status every two years. The suit was brought on behalf of numerous plaintiffs who followed recommendations to apply to do so at least 120 days in advance of their status expiring.

    “Yet DACA recipients who follow this guidance are finding their current DACA grants lapse before their renewal requests are adjudicated, with potentially life altering consequences that can include exposure to deportation, loss of work authorization, loss of education opportunities, and loss of employment that may provide a pathway to lawful status,” the suit states.

    One group involved in the suit has filed DACA renewals on behalf of 500 clients this year, only to have 319 still pending after more than six months.

    In one instance, a 26-year-old medical school graduate is now unable to begin his residency in anesthesiology because his DACA renewal has not yet been adjudicated.

    https://thehill.com/homenews/administration/5943072-daca-renewals-face-delays/
    ………………………………….

    Aside from racism, there is no logical justification for these Trump policies. Like, ‘What interest does this country have in stopping people from becoming doctors?’

  2. What a difficult job a Supreme Court Justice is. These people are intelligent.

    Mullin v Doe is a nuisance case?

  3. If the devil is inside every single one of us, then we
    should have the devil nuked out of us.

  4. Today is the four-year anniversary of the overturning of the worst Supreme Court decision in American history.

    1. My Body, My Choice, Says The Fetus

      And here are some bonus scientific facts that prove it’s not just an organ or part of the mother.

      During its early stages of development, the placenta of the unborn child secretes neurokinin B-containing phosphocoline molecules, which protects the child from detection by its mother’s immune system, because it can be interpreted as a foreign body and is subject to attack. This is because the fetus is of non-identical genetic material to the mother due to their different DNA.

      Also present in the unborn child are lymphocytic suppressor cells which stop interleukin 2 (IL2) cells from signalling cytotoxic T cells to kill the child. The purpose of IL2 cells is to distinguish between self and non-self (parts of the mother and foreign parts). The lymphocytic cells would not need to inhibit the response of the cytotoxic T cells if the IL2 did not signal the feuts as a foreign body. This would not occur if it was one of her own organs because the response would not be initiated.

      An organ does not have its own organs. The fetal heartbeat begins at around 22 days after fertilisation as I said earlier, and brain waves are detected at about six weeks, which means the unborn child has a heart and a brain. At seven weeks, all other organs are present, although not fully developed, which would mean not only did the mother have an organ with different DNA to her, but this organ also has its own organ systems, and so the mother has an extra heart, brain, stomach, liver, etc.

      – Emma Greenland-Broadsmith

      1. I do feel sorry for Harry Blackmun’s soul right now. It’s writhing in hellish agony being confronted with the tens of millions of lives he indirectly caused to end. He will never escape from that agony.

      2. Who is this creepy Trumper telling us that fetuses are more important than the women carrying them?

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