Tuesday, March 9, 2021

SCOTUS Just Ruled Illegal Immigrants Bear the Burden of Proof When Challenging Deportation, Not the US Government ... Did Team Biden Just Undermine This Ruling With this?

Salwan Georges/The WAPOt via Getty Images 
SCOTUS rules illegal immigrants bear the burden of proof when challenging deportation, not the US government:
The U.S. Supreme Court sided with the Department of Justice on Thursday, ruling that illegal immigrants who are subject to deportation bear the burden of proof in challenging their removal.
In a 5-3 opinion in Pereida v. Wilkinson, the court's conservative justices determined that Clemente Pereida, an immigrant from Mexico who has resided in the U.S. illegally for the past 25 years, bears the full burden of proving he is eligible to have his deportation canceled under the longstanding immigration law.
It seems like a simple enough concept: As it relates to immigration benefits, noncitizens aren't entitled to the same array of due process rights that citizens are. But evidently it wasn't that simple for the three liberal justices on the court, and for a time it looked like it wouldn't be the case for two of President Trump's appointees, either.
The Blaze's Daniel Horowitz reported last year that Justices Neil Gorsuch and Brett Kavanaugh showed signs of wavering in regard to Pereida's fate. But in the end, both sided with the court's majority.
Gorsuch, authoring the majority opinion, wrote, "The Immigration and Nationality Act expressly requires individuals seeking relief from lawful removal orders to prove all aspects of their eligibility. That includes proving they do not stand convicted of a disqualifying criminal offense." --->READ MORE HERE
Then on Friday, one day after the SCOTUS ruling, Team Biden announces this:

AP Photo/Gregory Bull, File
ICE announces system for illegal immigrants to challenge deportations:
ICE announced Friday that it will allow illegal immigrants who have been ordered deported to beg for leniency under President Biden’s new non-deportation guidelines.
Tae D. Johnson, acting director at U.S. Immigration and Customs Enforcement, said the program is an exercise of “prosecutorial discretion.”
“The case review process provides an avenue for noncitizens and their representatives to request further review of the individual facts and circumstances of their case in light of ICE’s priorities for enforcement, detention, and removal, offering additional transparency into the immigration process,” the director said. --->READ MORE HERE
Follow links below to related stories:

Supreme Court rules against immigrant who was denied chance to make his case against deportation

Supreme Court Paves the Way for Deportation of Criminal Illegal Immigrants

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