Court Gives ILLEGALS New Right Of Appeal Before Deportation

AP Photo/Gregory Bull, File

Judges rule Congress can't restrict access to court

Some illegal immigrants gained a new right of appeal Thursday when a federal appeals court ruled that Congress cannot prevent them from challenging their deportations in federal courts.

The American Civil Liberties Union, which had argued the case, called it a “sweeping” decision that will give asylum-seekers the chance to make their case in a regular U.S. court, rather than being limited to bureaucrats and judges in the immigration court system.

The ruling was issued by the 9th U.S. Circuit Court of Appeals and only applies to cases within that region — including the border states of California and Arizona.

The three-judge panel — all appointees of President Clinton — said Congress cannot short-circuit access to the courts for illegal immigrants who say they wanted to ask for asylum but were given short-shrift by Homeland Security.

They said migrants arriving in the U.S., even those without status, have a habeas corpus right to have their treatment reviewed by federal courts, particularly because there are only “meager” safeguards built into the system already.

“Habeas review provides important oversight of whether DHS complied with the required credible fear procedures,” Judge A. Wallace Tashima wrote in the opinion for the unanimous panel

The 9th Circuit’s ruling overturned a district court judge, an Obama appointee. It also conflicts with another decision by the 3rd Circuit, which looked at the same question and came to the opposite conclusion.

That could make the case ripe for an appeal to the Supreme Court, since the justices are often more eager to step in when there’s a split among the circuits.

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