The Supreme Court ruled that undocumented immigrants who have been deported once by the United States can be heard by the Department of Homeland Security, according to The Washington Times.
The court’s ruling concerned immigrations who have found a way back into the United States and claimed, upon apprehension, that they needed special protections in order to stay in the country.
In such cases, the DHS settles claims through a vetting process, a time during which immigration activists hoped the illegal migrants would be allowed to be set free.
The nation’s high court, however, disagreed in a 6-3 ruling that cited immigration law concerning migrants who show fear of persecution or harm to themselves if they return to their country of origin.
Under normal circumstances, any migrant who has previously been deported can be immediately sent out of the United States, however, in cases of asylum claims the government has the responsibility to decide whether asylum is warranted.
While the case was made that immigration law allowed for a bond hearing before an immigration judge, the Republican-appointed justices sided with the counter-point that states that those who were detained for a second offense does not get the right to a bond-hearing, at least during their initial 90-day holding period.
The majority opinion was penned by Justice Samuel A. Alito who said that Congress had “obvious” reasons to create different standards for those migrants who have already been deported once, saying they’re much more likely to disappear.
“In addition,” he wrote, “aliens who reentered the country illegally after removal have demonstrated a willingness to violate the terms of a removal order, and they, therefore, may be less likely to comply with the reinstated order.”
In his dissent, Justice Stephen G. Breyer said he believes federal law should treat those who fear retribution by returning home differently saying, “This restriction on removal when an alien fears persecution or torture embodies an important international legal obligation that the United States has undertaken.”