STATEMENT: Supreme Court Ruling Allows the Deportation of Asylum-Seekers Without Judicial Review, CAP’s Tom Jawetz Says

Washington, D.C. — Today, the U.S. Supreme Court ruled 7-2 to authorize, without the possibility of judicial review, the expedited removal of people requesting asylum. In response, Tom Jawetz, vice president of Immigration Policy at the Center for American Progress, issued the following statement:

As the country begins to look skeptically at judicial doctrines such as qualified immunity that shield public officials from liability when they violate people’s civil and constitutional rights, attention also should be paid to statutes and court decisions that close the courthouse doors entirely to people seeking justice. The U.S. Supreme Court’s decision today in Department of Homeland Security v. Thuraissigiam says that certain asylum-seekers facing expedited removal who are denied protection as a result of flawed decisions by government officials may not pursue federal court review through the ancient writ of habeas corpus. Combined with the D.C. Circuit Court opinion earlier this week that may soon green-light the Trump administration’s plans to expand the practice of expedited removal nationwide—in other words, deportation without due process—the Supreme Court’s decision presents a significant threat to basic principles of fairness and the rule of law.

Today’s decision will undoubtedly expose bona fide asylum-seekers to the threat of persecution and torture in the years ahead. And if expedited removal—with or without judicial review—is permitted to take place nationwide, it will jeopardize the freedom of all people, including U.S. citizens, and will pose particular harm to Black and brown people.

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