‘Dire Consequences’: Justice Gorsuch Sides with Liberals Against Justice Barrett’s Majority Opinion in Immigration Case


Justices Gorsuch and Barrett

WASHINGTON, DC – APRIL 23: Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, DC on April 23, 2021. Seated from left: Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left: Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. (Photo by Erin Schaff-Pool/Getty Images)

The U.S. Supreme Court on Monday ruled against immigrants seeking judicial review of mistakes and errors made by immigration agencies. In a 5-4 majority opinion, Justice Amy Coney Barrett wrote that federal courts are categorically barred from considering such issues.

“It is no secret that when processing applications, licenses, and permits the government sometimes makes mistakes,” Justice Neil Gorsuch wrote in a passionate dissent. “Often, they are small ones—a misspelled name, a misplaced application. But sometimes a bureaucratic mistake can have life-changing consequences. Our case is such a case.”

Joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, Gorsuch castigated the sweeping nature of the majority’s decision and its fealty to the administrative state.

“Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country, and nothing can be done about it,” the dissent notes. “No court may even hear the case. It is a bold claim promising dire consequences for countless lawful immigrants.”

In the case stylized as Patel v. Garland, Pankajkumar Patel, who has lived in the country for nearly 30 years, accidentally ticked the wrong box on a driver’s license application question about his citizenship status in Georgia. Peach State prosecutors initially pressed charges but later determined…


Leave a Reply

Your email address will not be published. Required fields are marked *