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Robert Reich: The Real Plot of the Roberts Supreme Court
Link: https://robertreich.substack.com/p/the-real-plot-of-the-roberts-supreme
The real way to read the immigration decisions the Supreme Court issued today is not to see them solely as losses for immigrants to the United States or the rights of immigrants. They are much larger losses. They are losses for the authority of Congress to have its laws fully executed by a president who doesn’t agree with them.
Markwayne Mullin vs. Al Otro Lado concerns a 1917 law that requires immigration officers to inspect noncitizens who arrive at ports of entry to determine whether they may enter the United States. Congress amended the law in the Refugee Act of 1980 to allow noncitizens fleeing persecution in their home country to apply for asylum as part of this inspection process.
The Act lays out a required set of procedures to guide this process. It says that a noncitizen who seeks admission to the United States “may apply for asylum.” If the noncitizen lacks valid travel documents, the officer “shall order [her] removed” unless she conveys an intention to apply for asylum or a fear of persecution, which in turn requires the officer to “refer” her for further processing of her asylum application.
This system is designed to ensure that the U.S. government considers the application of each person seeking to come into the United States to determine who should be let in, who should be turned away, and who should be allowed to apply for asylum.
But today, the Supreme Court’s majority held that a president may circumvent these requirements simply by having U. S. immigration officers stand at the border and physically block noncitizens from setting foot on U. S. soil — even if the asylum seeker is certain to be persecuted, or killed, if she is turned away.
What happened to the Refugee Act of 1980 and the specific procedures outlined in it? The Supreme Court ignored it....
- more at link -
Markwayne Mullin vs. Al Otro Lado concerns a 1917 law that requires immigration officers to inspect noncitizens who arrive at ports of entry to determine whether they may enter the United States. Congress amended the law in the Refugee Act of 1980 to allow noncitizens fleeing persecution in their home country to apply for asylum as part of this inspection process.
The Act lays out a required set of procedures to guide this process. It says that a noncitizen who seeks admission to the United States “may apply for asylum.” If the noncitizen lacks valid travel documents, the officer “shall order [her] removed” unless she conveys an intention to apply for asylum or a fear of persecution, which in turn requires the officer to “refer” her for further processing of her asylum application.
This system is designed to ensure that the U.S. government considers the application of each person seeking to come into the United States to determine who should be let in, who should be turned away, and who should be allowed to apply for asylum.
But today, the Supreme Court’s majority held that a president may circumvent these requirements simply by having U. S. immigration officers stand at the border and physically block noncitizens from setting foot on U. S. soil — even if the asylum seeker is certain to be persecuted, or killed, if she is turned away.
What happened to the Refugee Act of 1980 and the specific procedures outlined in it? The Supreme Court ignored it....
I love how Robert Reich explains this issue so clearly. He also discusses Markwayne Mullin vs. Dahlia Doe. Please read the rest on Robert Reich's substack (OP link.)
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Yes he's a national treasure and a very smart man. Many funny stories too!
