Analysis

High Court Torture Ruling Unlikely To Spur 'Sea Change'

Law360 (June 1, 2020, 8:30 PM EDT) -- Justice Clarence Thomas warned that the U.S. Supreme Court's ruling Monday expanding immigrants' access to the courts will usher in a "sea change in immigration law," but attorneys say that fears of an expansive reach are likely overblown.

The warning came in a dissent from the high court's majority, which held Monday that foreign citizens with criminal convictions who fear they will be tortured if deported can challenge the factual issues behind denials of their requests for protection at the circuit courts.

The majority's reasoning will give more access to the courts than Congress intended immigrants to have and "systematically chip away"...

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