Justices' Asylum Ruling Further Limits Migrant Protections

Law360 (June 29, 2020, 7:08 PM EDT) -- In Thuraissigiam v. Barr,[1] the U.S. Supreme Court by a 7-2 margin recently rejected a ruling by U.S. Court of Appeals for the Ninth Circuit that the Immigration and Nationality Act's limits on the scope of habeas review of credible fear determinations violate the Constitution's suspension clause.

In its majority decision, two concurrences and one dissent, the justices grappled with the scope of relief covered by the suspension clause, as well as how broadly its decision Thuraissigiam should be applied.

As background, Jayakumar Thuraissigiam, a 41-year-old Sri Lankan citizen, crossed the southern border, only to be arrested 25 yards later. Under laws...

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