The Supreme Court refused to hear a case Monday that would have addressed due process rights for illegals. The 3rd Circuit Court of Appeals had ruled that non-citizens denied the right to asylum in the U.S. did not have a right to due process, and the plaintiffs appealed that ruling to the Supreme Court.
The individuals were all apprehended in Texas shortly after crossing the U.S.-Mexico border illegally. They immediately claimed asylum, saying they they were escaping violence and abuse in their home countries.
An immigration judge denied their asylum claims because they lacked “credible fear” for persecution and ordered their expedited removals. They challenged the immigration judges’ rulings, alleging that they were denied due process. The Philadelphia court ruled that they do not have any constitutional rights of review if denied entry into the country.
The 28 women and 33 children were all apprehended in 2015 during the height of the border surge. After being apprehended, they were relocated to Pennsylvania where some were held in custody while others were given supervised release.