The Supreme Court just stripped thousands of immigrants of their right to due process
In a short, one-paragraph order, the Republican justices ruled on Monday evening that President Donald Trump may effectively nullify a federal law and an international treaty that is supposed to protect immigrants from torture. The Court’s order in Department of Homeland Security v. D.V.D. does not explain the GOP’s justices’ reasoning, although Justice Sonia Sotomayor responds to their silent decision in a 19-page dissent joined by her two Democratic colleagues.
The Court’s order is only temporary, and will permit Trump to send immigrants to countries where they may be tortured while the D.V.D. case is fully litigated. It is possible that one or more of the Court’s Republicans could reverse course at a later date. But it is hard to know what arguments might persuade them to do so because the justices in the majority did not explain why they decided this case the way they did.
Federal law requires that the United States shall not “expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture.” This statute implements a treaty, known as the Convention Against Torture, which the United States ratified over three decades ago.
Trump’s lawyers, however, claim that they uncovered a loophole that permits the Trump administration to bypass these laws, at least with respect to some immigrants. [Continue reading…]