The Supreme Court Upheld Expedited Removals Of Illegal Aliens Without Hearings 7-2 In 2020. But Is It A Suitable Mechanism For Mass Deportations?
https://dailytorch.com/2025/04/the-supreme-court-upheld-expedited-removals-of-illegal-aliens-without-hearings-7-2-in-2020-but-is-it-a-suitable-mechanism-for-mass-deportations/
The U.S. Supreme Court upheld by a 7-2 majority expedited removals of illegal aliens without a hearing under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 in the case Department of Homeland Security v. Thuraissigiam in 2020. Writing for the majority, Justice Samuel Alito noted that the entire intent of the legislation was to expedite removals: “In 1996, when Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 110 Stat. 3009–546, it crafted a system for weeding out patently meritless claims and expeditiously removing the aliens making such claims from the country. It was Congress’s judgment that detaining all asylum seekers until the full-blown removal process is completed would place an unacceptable burden on our immigration system and that releasing them would present an undue risk that they would fail to appear for removal proceedings.” Every year, there are over 20,000 such expedited removals according to U.S. Customs and Border Protection data compiled by the Transactional Records Access Clearinghouse of such inadmissibles without any hearing as Congress provided: 23,957 in 2014, 25,967 in 2015, 30,346 in 2016, 32,941 in 2017, 30,988 in 2018, 30,852 in 2019, 21,578 in 2020, 23,262 in 2021, 21,978 in 2022, 21,519 in 2023 and 21,998 in 2024.And on due process? The Court ruled it did not apply to aliens without long-standing connections in the U.S., Alito wrote, stating, “the Court long ago held that Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien at the threshold of initial entry cannot claim any greater rights under the Due Process Clause.” At the time, nobody could have fully anticipated — except perhaps for President Donald Trump — that when former President Joe Biden took office he would open the flood gates for illegal aliens, with a record 10.8 million border encounters of illegal aliens from 2021 to 2024 according to data compiled by the Office of Immigration Statistics, most of whom were released into the U.S. without any legal status. If ever there was a case for expedited removals as Congress intended, it is now.
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