Staff Reports
President Joe Biden’s recent move to limit asylum claims by migrants who cross the southern border illegally has sparked speculation from a liberal former federal prosecutor who suggests that the Supreme Court could strike down the order. The prosecutor points to Justice Samuel Alito’s language in a recent decision as the basis for this challenge.
In June, Biden issued an executive order to restrict asylum claims for newly arrived migrants when border encounters exceeded a certain threshold. This action faced immediate opposition from pro-migrant groups threatening legal action to block its enforcement.
Former federal prosecutor suggests language in SCOTUS bump stock ban case could overturn Biden's order limiting asylum claims – Conservative Institute https://t.co/MC123DHmSr
— s norquist (@norquist_s) June 22, 2024
Former U.S. Attorney Joyce Vance referenced Justice Alito’s concurring opinion on the bump stock ban decision, arguing that the Court’s conservative majority might use Alito’s emphasis on statutory interpretation to reject Biden’s asylum limits. Alito’s opinion stressed the importance of adhering to clear statutory language and congressional authorization, suggesting that tragedies like the Las Vegas shooting should not alter the meaning of laws.
Vance speculated on her podcast about Alito’s potential stance on Biden’s order, insinuating that his commitment to statutory language could conflict with supporting restrictions on asylum claims. However, Biden’s order relies on Section 212(f) of the Immigration and Nationality Act, which grants the president authority to suspend the entry of specific alien classes by proclamation.
In attempting to turn Alito’s words against him, the former prosecutor may have overlooked the statutory basis supporting Biden’s executive action. While she aims to play a “gotcha” game with Alito, the administration’s citation of a congressionally passed law may weaken her argument that the Court would rule against Biden’s asylum restrictions based solely on statutory interpretation.
