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Art Arthur, a resident fellow at the Center for Immigration Studies (CIS) and former immigration judge, told Breitbart News it is “unclear” if a federal court ruling on Tuesday requires the U.S. government to return of all previously deported aliens whose asylum requests were rejected.
Arthur offered his analysis in an interview Wednesday on Breitbart News Tonight with SiriusXM host Rebecca Mansour.
Memorandum - Opinion - Grace - V - Whitaker
In a memorandum opinion in Grace v. Whitaker, Judge Emmet G. Sullivan ordered the federal government to return the case’s plaintiffs to the U.S., writing, “Finally, the Court orders the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations consistent with the immigration laws.”
Arthur said, “I certainly enjoyed my time as an immigration judge, but I also actually wrote some of the law that was interpreted by the judge [and] attorney general when I was counsel for the House Judiciary Committee.”
Arthur provided background on the law governing expedited removal of aliens and asylum claims related to credible fear of persecution.
Congress - Individuals - United - States - Documentation
“Back in 1996, Congress wanted to make it as easy as possible to remove individuals who had just arrived in the United States and didn’t have proper documentation or who had attempted to enter by fraud,” explained Arthur. “They created a system called ‘expedited removal,’ and it worked very well. If you show up at a port of entry and you don’t have a visa, they put you on the next plane back. That’s exactly what this rule does, and does it at our border and our ports within the United States, as well.”
Arthur continued, “There’s an exception, however, to expedited removal, and it’s called, ‘credible fear.’ If you show up without proper documents, and you assert that you have a credible fear of persecution, then you’ll be...
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