WASHINGTON — The man slipped into the U.S from Tijuana, Mexico, and made it just 25 yards from the border before he was arrested.
The administration is seeking a sweeping ruling that it could potentially use to deport millions of people, even those arrested far from the border and who have been in the country for years, experts on the issue said. Story continuesBut the federal appeals court in San Francisco relied on the Supreme Court's 2008 decision in favor of court access to detainees at the U.S. naval base at Guantanamo Bay, Cuba, to rule that the practice of denying federal court review violates the Constitution. The Supreme Court agreed to hear the administration's appeal. Thuraissigiam is living in the New York area at the moment.
The administration has imposed other restrictions on those who say they need refuge in the U.S. because they would be harmed if they had to return home. People crossing through Mexico before arriving at the southern border can no longer seek asylum in the U.S. unless they first have been denied asylum elsewhere. The Supreme Court allowed the policy to take effect while a legal fight over it plays out in the courts.
After Thuraissigiam's arrest in February 2017, he told anyone who asked that because of his support for a Tamil political candidate, he was arrested, put in a van and beaten so severely that he spent 11 days in a hospital. Immigration officials found the account credible, but they determined he did not have a real fear of persecution if he returned home.
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