The presidency of Joe Biden triggered a significant illegal immigration surge, creating a historical precedent in the nation’s history. However, voters displayed their disapproval of the Democratic Party’s lackadaisical border policies by aligning with President Trump’s vision of a secure border that would only be crossed by individuals approved by Americans. Trump is currently implementing his plans of lawfully deporting illegal immigrants, but his efforts are being challenged by radical judges who are manipulating their authority to inhibit deportations to the maximum extent. The Supreme Court needs to lay the reins on such lower courts engaging in activist practices that are undermining the democratic process, jeopardizing their legal mandate, and raising threats to the safety of innocent Americans.
On the first day of June, one notable case emerged – an illegal immigrant named Mohamed Sabry Soliman. Initially entered the U.S during Biden’s tenure and overstayed his visa, carried out a disturbing act by shouting ‘Free Palestine’ and setting ablaze eight peaceful Americans at a memorial for Jewish victims of the hard-hitting terrorist attack on October 7, 2023, conducted by Hamas. Accused of 42 offences, including attempted murder, he is currently under custody.
Soliman was permitted into the American borders on a tourist visa issued by Biden’s administration in August 2022. To receive this, he would have had to affirm under oath that he was planning a temporary visit to the United States and did not plan to overstay. However, he conspicuously violated this oath when he applied for asylum soon after his arrival.
Despite this outrageous infringement, Biden’s officials failed to take any immediate deportation action against Soliman. Instead, they granted him a work permit. After his tourist visa ran its course, with no legal authorization to continue his stay in the country, the Biden administration still made no move to deport him.
Soliman wasn’t alone when he entered the country. He was accompanied by his wife and five children, all of whom came on similar tourist visas issued simultaneously. All of them overstayed their visas, just like Soliman, making them all illegal immigrants.
Meanwhile, Soliman’s wife is now contesting her deportation to Egypt, her country of citizenship. The family contends their constitutional rights are being violated, arguing they are being penalized for the alleged criminal actions of their husband and father.
However, a federal judge—appointed during Biden’s tenure—concurred with their questionable claims and issued a restraining order, barring the Trump administration from deporting the family back to Egypt. This ruling is without legal foundation and goes against existing legislation.
The 10th Circuit U.S. Court of Appeals should quickly intervene to lift the restraining order. Moreover, the Supreme Court should review one such case to establish a precedent that political meddling in immigration law enforcement will not be condoned.
In stark disagreement with the Soliman family’s allegations, deportation is not an act of punishment, but the act of withdrawing a privilege for which they hold no entitlement. Their relation to an alleged terrorist is inconsequential. What is important to note is that they are unquestionably residing in the country illegally and possess no right to be here.
Deporting them back to their homeland is not penalizing them for a crime; it’s just an enforcement of our nation’s sovereignty, which they are infringing upon by their unlawful presence in the country.
Everyone within U.S borders is entitled to due process, whether they are illegal immigrants charged with crimes or citizens facing such charges. However, one must understand that issues related to immigration and deportation are distinct.
If an illegal immigrant is caught crossing the border, they don’t necessarily need to be convicted of this crime to be deported. All that’s required for deportation is evidence that the person in question lacks the legal permission to stay in the country. Once this is established, there are no barriers to the government deporting them.
There is no prerequisite for the government to legally affirm someone’s illegal presence in the country in court. The extent of process an immigrant is entitled to when faced with deportation is precisely what Congress has decided to grant.
This isn’t a new territory in legal terms. As Justice Antonin Scalia noted in the case of Department of Homeland Security v. Thuraissigiam, aliens with established connections in the U.S do have due process rights during deportation proceedings. But it’s important to remember that it’s Congress that sets the conditions for lawful entry, meaning an alien has no additional rights under the Due Process Clause.
Currently, it’s estimated approximately 15.8 million illegal immigrants reside in America. Out of these, 5.6 million, including the Soliman family, arrived during Biden’s presidency. The federal government lacks the resources and time to provide trials for all of them.
However, fortunately, there’s no legal requirement for a trial. The fact remains that the Soliman family’s presence in the country is illegal, which is undisputed. Thus, the Trump administration should have every right to deport them, as well as every other illegal immigrant, without delay.