[20200706]LSB10510_最高法院支持对快速遣送的有限审查.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Upholds Limited Review of Expedited Removal July 6, 2020 Certain non-U.S. nationals (aliens) who lack authorization to enter the United States are subject to a streamlined “expedited removal” process, which affords fewer procedural protections to the alien than standard removal proceedings and typically results in the quicker expulsion of the alien from the United States. Federal statute also precludes judicial review of an expedited removal order except in limited circumstances, including habeas corpus proceedings concerning whether the alien is lawfully detained. But habeas review is limited to three narrow grounds, and does not include review of threshold determinations about asylum eligibility or any other aspect of the merits of the underlying expedited removal proceedings. In DHS v. Thuraissigiam, the Supreme Court considered whether these statutory limitations violate the Suspension Clause, which normally forbids the government from restricting an individuals ability to contest his or her detention in a habeas action. The Court held that the statutes restrictions on