The Seventh Circuit this week issued a decision which clearly bothers even them. The court calls the law and the outcome “troubling.” It certainly is that; troubling, outrageous, and a clear example of why the rest of the world doesn’t want to come visit us anymore.
The law being challenged pertains to the CBP’s power of “expedited removal,” where the CBP agent may, with total discretion, not only deny an individual entry to the US, but also ban them from returning with absolutely zero oversight beyond their supervisors.
In the opinion, Judge Wood lists the litany of abuses the CBP could do and which US courts have no power to stop, including violations of the CBP’s own regulations, conducting proceedings without interpreters, and downright denying someone’s entry because they don’t like the color of shirt they are wearing or what religion they are. Doesn’t matter how bad, or how unconstitutional the removal order is, the courts can’t touch it.
The CBP serves an important purpose and deserves respect in the way they handle themselves and their jobs, however, absolute unreviewable discretion can serve no purpose other than to create a culture of arrogance and abuse. That a family with valid visas to the US could be treated unconstitutionally, removed from the US, and receive a ban from returning without even being able to ask a judge to review what happened to them is troubling indeed, and is one of the many problems with immigration law Congress needs to address sooner rather than later.
Read the 7th Circuit Decision here: Khan v. Holder