Yesterday, SCOTUS ruled against immigrants seeking judicial review of mistakes and errors made by immigration agencies. In a 5-4 majority opinion, Justice Amy "Handmaid" Coney Barrett wrote that federal courts are categorically barred from considering such issues. Via Law & Crime:
“It is no secret that when processing applications, licenses, and permits the government sometimes makes mistakes,” Justice Neil Gorsuch wrote in a passionate dissent. “Often, they are small ones—a misspelled name, a misplaced application. But sometimes a bureaucratic mistake can have life-changing consequences. Our case is such a case.”
Joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, Gorsuch castigated the sweeping nature of the majority’s decision and its fealty to the administrative state.
“Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country, and nothing can be done about it,” the dissent notes. “No court may even hear the case. It is a bold claim promising dire consequences for countless lawful immigrants.”
In the case stylized as Patel v. Garland, Pankajkumar Patel, who has lived in the country for nearly 30 years, accidentally ticked the wrong box on a driver’s license application question about his citizenship status in Georgia. Peach State prosecutors initially pressed charges but later determined that they lacked evidence to prove a crime had been committed. Notably, his incorrect check mark didn’t have any bearing on his request for a driver’s license because under Georgia law, he was entitled to one even though he wasn’t a U.S. citizen because he had filed for a green card and had a valid work permit.
They're kicking him out of the country because of it, even though he has three kids who live here. What a cruel, pointless decision.