I'm not a lawyer but looks like it means authorized executive agencies can remove asylum-seekers without providing for a hearing in federal court. If U.S. immigration officials decide there is no "credible fear of persecution” in asylum seeker's home country, they can be deported using the fast track method and there will be no federal court hearings.
Correct. Once detained, asylum seekers need to prove to the border officials that they have credible fear of going back. Seems the supreme court is just saying, people at the threshold of entering the US have no rights, most people. I don't know how you can prove you have credible fear. Don't forget, people are never given the chance to gather evidence, or present a case properly. Typically, resources permitting, people who are deemed to have failed to prove they have credible fear of going back, are deported in a single.
Do not forget that fast track removals are also applicable to certain people detained within the US, who can't prove that they have been physically present in the US for 2 years or greater. Visa overstayers are exempt...as of 2019.
Implications:
1. With the resources issues, not sure how an asylum officer at the border/anywhere conducting interviews will cope, when seeing 20+ fast track asylum claimants per day. How would they do it? Regular asylum officers working inland, after they review cases for hours (hopefully they take hours) they sometimes fail to get to a correct decision. Imagine those at the border 20+ cases. While 20 or percent people detained at the border were given the 'fast track' treatment in 2017, not sure how it will go from now on...
2. Fun Fact: Asylum interviews in NZ take around 7 hours per case. This is how importantly they take asylum claims.
3. Potential Asylees - If I am somewhere in the world, and I'm about to begin my journey to the US, via south America, through the Darian Gap, across Mexico, do I care that there is a fast track program for asylum claimants? No. Most people are escaping life and death situations, they will come regardless of CBP processes.
4. Human trafficking - I think there will be a boom in the business of smuggling people, across all access points into the country. Since even if you have a real case, a credible case, they might reject you, better pay/use a method that would reduce potential of capture. Then wait your 2 years, to have a fair hearing on your case.
5. Fast program won't change, regardless of who is in the white house.
6. There could be a jobs boom as a lawyer at the border. I don't know how true this is, but given this situation, people will prepare their case file - complete with exhibits, sources, references - before they present themselves for arrest at the border? Perhaps, if you they are rick/can afford, or can work in Mexico for a few years to get the money to prepare the case....? But then again, as asylees, we have no money....struggling to find something to eat, so difficult to think about preparing your case ahead of being detained?
