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SCOTUS Rules Federal Courts Do Not Have Power To Decide If Illegals Will Be Deported

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Supreme Court

On Monday, the Supreme Court ruled 5-4 that federal courts do not have the jurisdiction to decide whether noncitizens will be deported or allowed to stay in the country.

The case involved a couple from India — Pankajkumar Patel and his wife, Jyotsnaben, — who illegally entered the United States in the 1990s. They applied for “adjustment of status,” which would have made them both lawful permanent residents. United States Citizenship and Immigration Services (USCIS) denied their request after finding out that Patel intentionally falsely claimed he was a United States citizen in a Georgia driver’s license application.

Justice Amy Coney Barrett wrote the majority opinion for The Court and Justice Neil Gorsuch joining the three leftist justices in dissent.

“Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States. When noncitizens violate those rules, Congress has provided procedures for their removal,” Barrett wrote. “At the same time, there is room for mercy: Congress has given the Attorney General power to grant relief from removal in certain circumstances.”

“Federal courts have a very limited role to play in this process,” Barrett continued. “With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends—specifically, whether it precludes judicial review of factual findings that underlie a denial of relief. It does.”

The Court ruled that “Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings.”

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4 Comments

4 Comments

  1. Tee

    May 17, 2022 at 6:37 pm

    So now SCOTUS is another useless entity of the federal government. It is sad how weak this country has become under Flash Bang, and The Hyena.

  2. Richard Ruiz

    May 19, 2022 at 11:54 am

    I agree with the majority ruling. The Federal Court system cannot be allowed to act as a separate legal system to subvert clearly established federal immigration laws.

  3. Karen Pleticha

    May 21, 2022 at 4:13 pm

    It’s that the reason we have an army? Use our defense fund to defend the USA..

  4. David Rodriguez

    May 21, 2022 at 6:56 pm

    The way it could of been if not for the erroneously mistake of the Supreme Court

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Immigration

Texas Gov Greg Abbott Responds To SCOTUS Ruling On Remain In Mexico Policy

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Texas Governor Greg Abbott

On Thursday, Texas Governor Greg Abbott responded to the Supreme Court’s 5-4 ruling in Biden v. Texas that the Biden administration could end the former Trump administration’s Migrant Protection Protocol (MPP), also known as the “remain in Mexico” policy, which requires asylum seekers to stay in Mexico while they wait for a court hearing.

“The ruling in Biden v. Texas was the latest chapter in the tug-of-war over the policy, formally known as the Migrant Protection Protocol, since the Trump administration announced it in 2018,” SCOTUSblog explained. “The justices allowed the Trump administration to begin enforcing the policy after a federal district judge blocked it, and a few months later the justices agreed to review a ruling by the U.S. Court of Appeals for the 9th Circuit holding that the policy likely violated both federal immigration and international law. The justices dismissed that case last year, however, after the Biden administration attempted to end the policy.”

“Texas and Missouri challenged the Biden administration’s efforts to terminate the policy. After a federal district judge in Texas ordered the federal government to reinstate the policy, both the U.S. Court of Appeals for the 5th Circuit and the Supreme Court rejected requests from the Biden administration to temporarily put the district judge’s ruling on hold, prompting the government to revive the policy while litigation continued,” SCOTUSblog added. “The court on Thursday agreed with the Biden administration that ending MPP would not violate federal law.”

In response to the ruling, Governor Abbott warned that ending the policy would only encourage further illegal immigration amid the record-breaking border crisis, and pointed to the recent tragedy in which dozens of migrants were found dead in a semitruck abandoned near San Antonio as evidence of the dangers of illegal immigration.

“The Supreme Court’s decision upholding DHS’s termination of the Remain-in-Mexico policy will only embolden the Biden Administration’s open border policies,” Abbott said. “More than fifty people recently died in a trailer—people who were allowed to cross our border illegally because of President Biden’s policies. Reinstating and fully enforcing Remain-in-Mexico would deter thousands more migrants from making that deadly trek, and President Biden should take that simple step to secure the border because it is the only humane thing to do.”

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Immigration

Arizona Governor Signs Massive Border Security Bill

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Border crisis

On Thursday, Republican Arizona Governor Doug Ducey signed a bill that will send hundreds of millions of dollars to strengthen security on his state’s border with Mexico, which comes as the illegal immigration crisis that originated under President Biden continues to worsen.

According to a press release from the governor’s office, the legislation, coupled with “targeted investments from the fiscal year 2023 budget, dedicates a record $564 million to help to secure our border with a physical barrier, address critical public safety staffing shortages, and modernize the technology and public safety equipment to target criminal activity and keep our citizens safe.”

The legislation will direct $335 million specifically to “construct and maintain a border fence, purchase or install border security technologies, and to pay associated administrative costs.”

“Inaction by President Joe Biden has led to the worst border crisis in over 20 years,” Governor Ducey said. “I’ve been outspoken about the impact this crisis has on Arizonans, our communities and migrants. We’ve taken numerous steps to help resolve the chaos, including deploying the Arizona National Guard, signing legislation to address human smuggling and transporting migrants on a voluntary basis to Washington, D.C. Ultimately, however, securing our border is the responsibility of the federal government… With this investment, we are giving our law enforcement professionals another critical resource they need to successfully do their jobs. We are standing up for the rule of law, and we are cementing Arizona’s commitment to securing our state and our entire nation.”

State Rep. John Kavanagh, who sponsored the legislation, said, “The number of migrant encounters has skyrocketed at our border, overwhelming law enforcement and the Border Patrol. Thanks to the absent federal government, our border is in chaos and out of control. We need more support and physical barriers. This is a reasonable investment in Arizona’s safety and security. I’m grateful for Governor Ducey’s leadership to take action and secure the border.”

The legislation comes as illegal immigration has reached the highest level ever recorded with nearly 240,000 migrants being encountered by border officials in May.

“There were an unprecedented 239,416 migrant encounters at the Southern border in May, CBP reports. This is the highest monthly total in DHS history, beating the record that was set the month before in April w/ 234,088,” Fox News correspondent Bill Melugin wrote on Twitter.

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