The American Bar Association is urging the U.S. Supreme Court to hear a case challenging the government’s right to remove immigrants from the United States without a hearing.
Castro v. Department of Homeland Security pits 28 Central American mothers and their 33 children against the federal government’s “expedited removal” process, in which immigrants can be deported without a hearing. A district court and the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled that the families may not seek writs of habeas corpus to prevent deportation, reasoning that they had no constitutional rights because they were best considered “[aliens] seeking initial admission to the country,” not people within the United States. This puts them outside the purview of the Constitution’s Suspension Clause, which says “the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or Invasion the public safety may require it.”
The ABA’s amicus brief calls that conclusion “startling,” saying Congress may not override fundamental constitutional rights though immigration statutes.
For more see: http://www.abajournal.com/news/article/aba_urges_supreme_court_to_hear_case_about_due_process_in_expedited_deporta?utm_source=feedburner&utm_medium=feed&utm_campaign=ABA+Journal+Daily+News#When:14:00:00Z