Over the next few months, the Supreme Court of the United States (“SCOTUS”) will decide the fate of three critical immigration claims. The cases are unrelated to that of the President Trump’s recent Executive Order on immigration but are sure to have effects on the administration’s border policies. The decisions will also be rendered with the 4-4 ideological division in the Supreme Court as it stands. Mr. Gorsuch’s nomination has yet to be confirmed.
The first involves the tragic shooting of a 15-year-old boy in Mexico. Jesus Mesa Jr. fired a gun from the United States, however the bullet stopped 60 feet away and fatally wounded Sergio Adrián Hernández Güereca. This week, the SCOTUS will determine if the American Constitution will allow for Mr.Hernández Güereca’s parents to sue in American courts for the death of their son. Issues surrounding the Mexican-American border are particularly contentious at this time. This case will be sure to bring to light future concerns of the border relationship between the two countries.
The second case was brought forward by the American Civil Liberties Union (ACLU). They are representing thousands of immigrants that have been detained for more than six months in the past. At issue is whether the immigrants in custody for potential deportation have the right to be released when wait times become unreasonable.
The third and final case involves the detainment of many Immigrants following the September 11, 2011 attacks. Most of the claimants are of the Muslim faith and allege that they were mistreated and abused in detention before their deportation.
An immigration law professor from Drexel University’s Kline School of Law suggested that the recent decisions by the Trump administration could effect the decisions of these three cases. Anil Kalhan suggested that “what’s going on now might lead to a closer look from the justices.”
This blog post was written by a CCLA-PBSC RightsWatch student. Views expressed do not necessarily reflect the view of the CCLA or PBSC.