Supreme Court Leaves Lower Court Ruling on Expedited Removal in Place

The Supreme Court declined to hear a case on Monday that would have addressed the expedited removal of individuals who have their claims for asylum denied by an immigration judge. The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled last August that non-citizens do not have a Constitutional right to due process if they are denied asylum. The individuals, 28 women and 33 children from El Salvador, Honduras and Guatemala, challenged the ruling to the Supreme Court.

The individuals were all apprehended in Texas shortly after crossing the U.S.-Mexico border illegally. They immediately claimed asylum, saying they they were escaping violence and abuse in their home countries.

An immigration judge denied their asylum claims because they lacked "credible fear" for persecution and ordered their expedited removals. They challenged the immigration judges' rulings, alleging that they were denied due process. The Philadelphia court ruled that they do not have any constitutional rights of review if denied entry into the country.