Law and Justice

In the current Supreme Court session, two cases dealing with critical immigration issues will be included in the docket. These two cases that will affect the immigrants significantly will be on the connection between the criminal justice system and immigration, and immigrants’ access to federal court review. The key issue that both these cases present to the Supreme Court is that, immigrants be given fair process as well as an opportunity to be heard.

The first case, Padilla v. Kentucky presented on October 13, focuses mainly on the role of lawyers in protecting the rights of immigrants. The Supreme Court will decide if a criminal defense attorney is obliged to counsel foreign-born defendants on the effect of a criminal case on their immigration case. It will also decide if the defendants can take corrective action if defense attorneys offer incorrect advice.

The second case, Kucana v. Holder, set for argument on November 10 also deals with problems relating to US immigration. The main issue here is immigrants’ access to federal court review if there is an error in the government decision-making on immigration problems. This case will determine if the circuit courts have the authority over certain decisions like motions to reopen that are made by the Board of Immigration Appeals.

Beth Werlin, attorney at AILF’s Legal Action Center, thinks that the Supreme Court should be compelled to rule in favor of the plaintiffs in both these cases keeping in mind the fundamental principles of fairness. As it can result in deportation and permanent banishment from the U.S., these cases need to be carefully considered by the Supreme Court to affirm that the immigrants get a fair process.

There is also the concern that an adverse decision taken by the Supreme Court might result in the reversal of favorable decisions from other courts. This critical immigration issue is likely to be resolved by the decision of the Supreme Court for all the federal courts.

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