Justice Kagan denies emergency appeal for migrants

In all my days, I never thought a liberal justice would block an immigration request that came before the court, but that is what just happened.  

Justice Kagan, who rarely sides with conservatives on the court, denied an emergency appeal of a family that challenged its deportation order.  

Trump Overruled 

I want to go back to some of these other cases before I get into Kagan’s ruling, just to show how surprising this order is.  

After Trump had deported roughly 300 alleged gang members to El Salvador, a judge ordered Trump to turn the plane around.  

Trump lost the appeal, and he was reamed in the process. 

Then Trump tried to use the Alien Enemies Act to justify the deportation, and that was also denied.  

Court Says He Must Facilitate the Return 

Trump took that case to the Supreme Court for an emergency appeal, and Trump both won and lost the case.  

The court stated that Trump had to facilitate the man's return, but it also noted that the lower courts had overstepped their authority in the case. 

The Trump administration interpreted the decision differently, stating that the Court meant the administration only had to facilitate the man's return if El Salvador decided to release him from prison, which it appears El Salvador has no intention of doing.  

Now the original judge in the case, Boasberg, has declared he found probable cause to charge the administration with contempt, another ruling that will likely wind up before the Supreme Court.  

Kagan Shocks Everyone 

A petition was filed with the Court on behalf of Fabian Lagunas Espinoza, Maria Angelica Flores Ulloa, and their two sons, who claimed their lives were threatened by a Mexican cartel.  

They went on to say that other members of their family had been threatened, as well as the cartel telling them they had to leave their house in 24 hours or everyone would be killed.  

The family entered the country illegally, but then claimed asylum over the threats, a claim that was rejected in three lower courts, and now it was also rejected by Supreme Court Justice Elana Kagan, who offered no signed opinion, nor did she refer this to her fellow members of the court.  

This is a bit shocking, to say the least, but it does give me hope for some of the other immigration cases that are headed to the Court in the upcoming terms.