Horrifying outcome in this case, written by the worst possible justice you could want to write an immigration case. I'm dreading a close read because I guarantee you there is terrible dicta in here.
Alito and Thomas have long been arguing that many detained immigrants shouldn't even have the right to challenge their detention in federal court. Sad to see Gorsuch join this wing of the court. Thankfully, they remain in the minority.
The end result of Guzman-Chavez is that the Supreme Court has once again upheld the government's right to lock certain immigrants in jails and prisons for months, if not years, while they fight their cases—without ever letting them ask a judge for bail.
The question the Supreme Court was asked in Guzman-Chavez wasn’t whether the roughly 3,000 people a year in “withholding only” hearings should be released from ICE jails.

It was whether they have a right to even ASK to be released.

Today the Supreme Court said no.
Imagine if the government could grab a random citizen off the street, throw them in jail, and say they have no right to go in front of a judge to prove they’re not a flight risk or a danger to society.

Well, the government can do that to thousands of immigrants. And it does.
If you've made it to the end of the thread and want to learn more about how people end up in "Withholding of removal-only" proceedings, we @immcouncil have a fact sheet on the topic which was actually cited by both the majority and dissent today. americanimmigrationcouncil.org/research/asylu…
Our fact sheet explained how just 1.6% of people who are granted "withholding of removal" are ever deported to a third country. We believed this made a key difference in the legal arguments. The majority disagreed with us, unfortunately, while the dissent thought we were right.
Last year I wrote this piece on why Congress should fix IIRIRA, the "tough on crime" law from 1996 that stripped millions of immigrants of a fair day in court.

Today's terrible decision is yet another outgrowth of that awful law. Time to start over.


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More from @ReichlinMelnick

27 Jun
This is a really good article on the problems inside the Fort Bliss “emergency influx shelters,” and also shows the huge logistical problems they face. I was willing to cut them some slack back in March. I’m no longer willing to.
That said, I respectfully disagree with Mark Greenberg. UC arrivals were spiking no matter what Biden did on January 29, when an panel of Trump appointees lifted an injunction blocking UC expulsions. Because UC expulsions were done via plane, capacity would have been overwhelmed. Image
Because unaccompanied children were expelled via plane (Mexico wouldn't take them), ICE Air capacity capped possible expulsions.

That's why by October, before any court order was in place, with only 4,821 UC encountered, the Trump administration could only expel 67%. Image
Read 5 tweets
23 Jun
Looks like we've got a new Border Patrol Chief coming. This is a fairly normal action for a new administration, even though the role of Chief isn't a political, Senate-confirmed position. There have been 7 acting or permanent Chiefs in the last decade.

As a side note—and my apologies to @NickMiroff here for singling him out for an extremely common error—it continues to be false that we are seeing a 20-year-high in "border crossings."

Border encounters =/= border crossings and crossings are likely closer to 2008/09 than 2000. Image
Thanks to a statistical model produced by the DHS Office of Immigration Statistics, I can chart DHS's estimate of border crossings from 2000-2018—not just apprehensions.

As the border became more secure, the gap between crossings and apprehensions has fallen significantly. Image
Read 4 tweets
21 Jun
I need everyone screaming about "open borders" to take a long, long look at this chart.

The actual number of people processed under normal immigration law (and not rapidly expelled back to Mexico) under Biden in 2021 never even hit half the number of people as in 2019.
For those curious about where this figure comes from, check out our fact sheet on Rising Border Encounters in 2021, which gives you the deep context most coverage is missing. There's a new update with May border data included and analyzed coming soon! americanimmigrationcouncil.org/rising-border-…
The vast majority of people who are encountered by the Border Patrol continue to be expelled back to Mexico, while the number of people processed under normal immigration law (which could mean deportation, prosecution, or access to the asylum process) remains flat since March.
Read 4 tweets
19 Jun
This fictional chart from Ron Johnson strikes again. As I've explained repeatedly, this chart is MASSIVELY wrong, leaving out hundreds of thousands of apprehensions that occurred before Biden took office.

Here's the corrected version, showing the rising trend since last spring. Image
This now makes multiple members of Congress who are using a chart which @thehill has already debunked weeks ago thanks to my analysis. On Thursday, Rep. VanDrew also showed this chart—which, again, is *severely* misleading—at a DHS budget hearing.

The Johnson/VanDrew/Boebert chart is doing well on right-wing media because it plays into this fiction that before Joe Biden took office, the border was somehow perfectly secured and no one was coming.

As I pointed out yesterday, that's a total fiction.
Read 6 tweets
16 Jun
!! AG Garland just vacated Matter of A-B- I & II and Matter of L-E-A-, taking the first major step towards restoring asylum law to what it was before Sessions and Barr took over.

A-B-: justice.gov/eoir/page/file…

L-E-A-: justice.gov/eoir/page/file…
This is a huge day not just for restoring the rule of law in asylum adjudications, but also for Ms. A-B- herself, who has now been fighting her case for over six years. Same goes for L-E-A-. We can never forget these are individual peoples' cases.
Importantly, A.G. Garland does not set any new asylum law through his decisions in A-B- and L-E-A-'s cases.

Instead, he just vacated the decisions in favor of future rulemaking that they've suggested will come in the fall, requiring judges to go back to the pre-Trump precedent.
Read 7 tweets
15 Jun
Smugglers lie to people. They said Trump was allowing all families to enter. They say Biden promised not to deport anyone who comes now. All lies. It's what they do.

So the idea that we can't ever help immigrants because if we did smugglers might lie about it is profoundly dumb.
Let's be serious. When Congress is debating amnesty, smugglers say "Now's your best chance."

When Congress is debating border restrictions, smugglers say "Now's your best chance."

It doesn't matter who's in the White House or not, smugglers will say "Now's your best chance."
If someone tells you that Biden is to blame for smugglers selling "now" as the time to come to the border, remind them that the highest number of families ever to come to the border happened in 2019 under Donald F*cking Trump just months after family separation!
Read 5 tweets

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