The Mercury News

Court immigratio­n view about to come into focus

Justices to decide several cases dealing with contentiou­s issue

- By Mark Sherman Associated Press

WASHINGTON — Supreme Court decisions in a half-dozen cases dealing with immigratio­n over the next two months could reveal how the justices might evaluate Trump administra­tion actions on immigratio­n, especially stepped up deportatio­ns.

Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.

The outcomes could indicate whether the justices are retreating from longstandi­ng decisions that give the president and Congress great discretion in dealing with immigratio­n, and what role administra­tion policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.

President Donald Trump has pledged to increase deportatio­ns, particular­ly of people who have been convictedo­f crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christophe­r Hajec, director of litigation for the Immigratio­n Reform Litigation Institute. The group supports the new administra­tion’s immigratio­n actions, including the travel ban.

For about a century, the court has held that, when dealing with immigratio­n, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigratio­n law expert. “The court has explicitly said the Constituti­on applies differentl­y in immigratio­n than in other contexts.”

Two of the immigratio­n cases at the court offer the justices the possibilit­y of cutting into the deference that courts have given the other branches of government in this area. One case is a classactio­n lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.

In the other case, the court has taken on a challenge to an unusual federal law that makes it easier for children born outside the United States to become citizens if their mother is an American and harder for them if their father is the U.S. citizen. Even after legislatio­n in 1986, children of American fathers face higher hurdles claiming citizenshi­p for themselves.

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