‘Blesses the Government’s abject noncompliance’: Alito pens divisive opinion curtailing immigrant rights over sharply-worded dissent by Ketanji Brown Jackson

Justice Sam Alito, on the left; Justice Ketanji Brown Jackson, on the right

Left: Justice Sam Alito (YouTube/The Heritage Foundation). Right: Justice Ketanji Brown Jackson (AP Photo/Butch Dill)

The U.S. Supreme Court on Friday issued a major ruling against undocumented immigrants in a case concerning a long-running dispute about what constitutes proper notice to begin deportation proceedings.

In a 5-4 majority opinion penned by Justice Sam Alito, the high court softened the provisions of Immigration and Nationality Act (INA) by ruling against three consolidated noncitizen petitioners who received deficient paperwork from the government — and generally making it easier for immigration officials to kick people out of the country.

In each instance, the three petitioners, led by Moris Esmelis Campos-Chaves in the case stylized as Campos-Chaves v. Garland, were sent an initial “notice to appear” or “NTA” that did not contain date or time information. And, as a result of that missing information, those notices did not fall in line with the statutory requirements of the INA. Later, each petitioner was sent a follow-up notice or notices that did contain the date and time information of their removal hearing. In time, each petitioner was ordered to be removed by an immigration judge. They later sought to reopen their cases and have those orders tossed.

Now, the Supreme Court has ruled that so long as the government eventually sends an immigrant notice containing the correct date and time information, the removal process can be initiated.

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