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For: EFE
WASHINGTON – The Supreme Court of Justice ruled this Tuesday that foreigners who were deported and return to the United States in search of humanitarian protection must remain in detention while the government studies their cases.
The case refers to a group of Salvadorans who questioned their arrest warrants claiming that they feared being tortured if they returned to their country, and the decision involved a complex issue of interpretation of immigration laws.
The case is named after María Angélica Guzmán Chávez whose initial request for asylum was rejected , was deported and illegally re-entered United States, for which she was arrested.
One of the plaintiffs, a native of El Salvador , alleged that shortly after being deported from the United States, he received threats from gangs and other participants in the The case stated that if they were repatriated they were in danger of persecution and torture.
The decision may affect
the situation of other foreigners whose asylum applications were rejected , were deported and returned to the United States with the intention of restarting their asylum applications.
Judge Samuel Alito, who wrote the decision reversing the ruling of a Federal Court of Appeals in Virginia, held that “those foreigners do not have the right to a hearing on bail.”
The ruling indicated that the Department of Homeland Security (DHS) has powers to arrest and detain foreigners pending a decision on your deportation, and during that detention you can apply for parole or bail.
But In the event that that person has already been the subject of a deportation order and after being sent to their country of origin, they return to the United States illegally, they are again under the deportation order.
“Most believe that the law allows the government to deny bail hearings during the deportation process period of 90 days ”, he added.
That ruling was supported by the Chief Justice, J ohn Roberts, and justices Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas and Neil Gorsuch.
Judges Stephen Breyer, Sonia Sotomayor and Elena Kagan disagreed with the decision.
“I cannot find a good reason why Congress would have categorically wanted to deny bail hearings to those who, as sued dantes, ask that deportation be stopped or deferred due to reasonable fear of persecution or torture, ”wrote Breyer.
