SCOTUS Agrees With Trump, Illegal Migrants Do Not Have The Same Rights As Citizens

By Emanuel Eisen | Wednesday, 15 June 2022 05:15 AM
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SCOTUS Agrees With Trump, Illegal Migrants Do Not Have The Same Rights As Citizens

On Monday, the United States Supreme Court governed that illegal migrants to the United States are not allowed to be granted a bond hearing. The idea derives from the migration of Antonio Arteaga-Martinez.

Arteaga-Martinez, a Mexican Citizen, arrived in the United States illegally on four occasions without inspection until May 2018, when Immigration and Customs Enforcement (ICE) issued a warrant for Arteaga-Martinez’s arrest after he had been living and working in the United States for almost six years. ICE’s detention of Arteaga-Martinez did not come with the option for a bond hearing and he was expected to be removed from the United States.

Arteaga-Martinez’s attorney appealed to prevent his removal from the United States, citing his fear of prosecution or torture in Mexico. The DHS Asylum Officer who heard Martinez’s testimony found it reasonable and credible and referred Arteaga-Martinez to an immigration judge.

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Arteaga-Martinez would remain in custody absent a ruling by an immigration judge, so, by his attorney, Arteaga-Martinez asked the U.S District Court for the Middle District of Pennsylvania to bring him before the court in what is known as a “Writ of Habeas Corpus” plea. This petition shifted from the claims of concerns of prosecution and instead claimed his continuous detention without a bond hearing was violative of his Federal Statutory Law and Constitutional rights.

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In a bond hearing, the Government would be expected to show clear and appealing proof that a non-citizen, such as Arteaga-Martinez, either poses a risk of flight or a danger to the community. An Immigration Judge presided over Arteaga-Martinez’s bond hearing, finding under Federal Law that he was entitled to release, and Arteaga-Martinez posted bond. The immigration judge, even today, has not determined whether to remove Arteaga-Martinez from the United States.

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The opinion written by Sotomayor reverses the judgment of the lower courts and finds that the process provided by ICE provides sufficient procedural protections for non-citizens and that Arteaga-Martinez was not allowed to a bond hearing before an immigration judge. The Supreme Court refused to address Arteaga-Martinez’s constitutional claims.

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The conclusion comes on the heels of a string of controversies regarding the continued existence of ICE and a concerted effort to grant illegal immigrants the same procedural and Constitutional rights as American citizens. In May, the Biden administration appointed a radical activist who wants to “abolish ICE” as an immigration judge.

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Cases involving the detention of unlawful migrants from Mexico are increasing as the number of border crossings continues to increase. Between April 1 and the second week of May, over half a million migrants crossed the U.S. border in just 10 weeks.

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The Supreme Court rulings this week are under close watch as many wait for the anticipated overturn of Roe v. Wade following a leaked draft of the decision in May.

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