For the reasons that follow, the Court concludes that neither the INA [statute] nor the Constitution grants the President or the Agency Defendants authority to replace the comprehensive rules and procedures set forth in the INA and the governing regulations with an extra-statutory, extra-regulatory regime for repatriating or removing individuals from the United States, without an opportunity to apply for asylum or withholding of removal and without complying with the regulations governing CAT protection. But the INA, by its terms, provides the sole and exclusive means for removing people already present in the country, and, as the Department of Justice correctly concluded less than nine months ago, neither § 1182(f) nor § 1185(a) provides the President with the unilateral authority to limit the rights of aliens present in the United States to apply for asylum. Unlike Article IV, Section 4, which speaks in terms of the responsibility of "[t]he United States" to protect the States, Articles I and II speak in terms of the "Power[s]" vested in the Congress and the President to perform their constitutional responsibilities….
Author: Ilya Somin
Published at: 2025-07-02 22:01:14
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