Judge Ketanji Brown Jackson on Tuesday was quizzed about her rulings on a key case related to illegal immigration -- one of a number of high-profile immigration rulings she has made in recent years.
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The Department of Homeland Security had sought to expand the scope of expedited removal from those who had been in the country for 14 days and were close to the border, to anyone anywhere in the country who had been in the country illegally for under two years.
Immigration advocates sued in an attempt to block the rule, and Jackson issued a preliminary injunction blocking the expansion. The Biden administration recently formally rescinded the rule.
In his questioning, Grassley noted that Congress had given DHS "sole and unreviewable discretion" to decide whether expedited removal could be applied, and that Jackson herself had noted that it had "sole and unreviewable discretion."
"But you still went on to review [DHS’s] decision, in fact you issued a nationwide injunction blocking [DHS] from removing illegal immigrants who had been in the country in less than two years," he said.
"Could you please explain why a federal court could review something Congress called unreviewable?" he said.
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Jackson’s ruling was ultimately overruled by the D.C. Circuit, which ruled that Congress gave DHS ample discretion to expand the process without having to comply with the APA.
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More:
https://www.foxnews.com/politics/ke...onfirmation-hearings-biden-immigration-ruling
