The American Civil Liberties Union says the ruling has far-reaching implications for immigrants, particularly at the border.
By Maria Sacchetti Maria Sacchetti Reporter covering immigrant communities and Immigration and Customs Enforcement Email Bio Follow March 7 at 6:47 PM A U.S. appeals court ruled Thursday that a Sri Lankan immigrant can appeal his fast-track deportation order to the federal courts, after immigration officials attempted to expel him without a full hearing.
Homeland Security detained him that year and placed him in expedited removal, created under a 1996 immigration law that lets border and immigration agents swiftly deport recently arrived foreigners, who do not have legal papers, without a hearing or the right to appeal to the judicial branch. The ruling overturned a lower court judge and conflicts with a 3rd Circuit ruling, setting up a likely showdown before the Supreme Court.
Congress and the president have broad powers over immigration and the Congressional Research Service said in a report last year that the Supreme Court “has repeatedly held” that the government may exclude immigrants without “traditional due process protections.”
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