(LibertyInsider.org) – When we talk about immigration policy, Congress and the White House get a lot of the praise and criticism. However, the final call on whether a given immigration measure is lawful or not falls to the Supreme Court.
Over the years, the nation’s most senior legal authority has cast some highly significant decisions in relation to border control. Today, we’ll take a look at some.
Kleindienst vs. Mandel (1972)
This case looked at whether an illegal alien may be allowed entry to the US to uphold the Constitutional rights of an American person inviting them. Under authority delegated by Congress, the Attorney General has the power to decide whether to grant temporary nonimmigrant visas to undocumented migrants.
In this case, a Belgian journalist was invited to speak in America. After his entry was denied because he promoted communist ideals, there was an appeal on the grounds that the First Amendment rights of those who invited him to speak were being suppressed.
The Supreme Court chose not to interfere with the authority of the Attorney General. The decision to refuse entry to the Belgian scholar was upheld.
Vartelas vs. Holder (2012)
This case looked at whether a foreign national convicted of a crime while residing lawfully in the United States should subsequently be allowed to leave the country for a short period and return.
The petitioner was a Greek native jailed for four months while living in the US. He left the country after his release and tried to return but was denied on the grounds he was now an excludable alien because of the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which passed after the petitioner’s criminal conviction.
The result: The SCOTUS held that the law at the time of the criminal conviction was the relevant authority, not the new legislation.
Niz-Chavez vs. Garland (2021)
The most recent of the cases discussed here, this ruling was handed down in April 2021. The authorities attempted to deport Mr. Niz-Chavez, who had lived in Michigan with his family for 16 years, initially entering illegally. As part of this attempt, they sent him multiple documents about a notice to appear for a hearing. SCOTUS ruled that, for deportation to proceed, a notice like this should come in one document rather than several. While this was a technical ruling, it could have a bearing on hundreds of thousands of future immigration cases.
America’s rulings on immigration issues are undoubtedly important for lawmakers and citizens alike, and future decisions will continue to shape government policies.
Copyright 2023, LibertyInsider.org
