Law Commons^™

Detention Of Non-Citizens: The Supreme Court's Muddling Of An Already Complex Issue, Blake Sharpton

Mercer Law Review

Emma Lazarus's poem was engraved on a plaque and affixed to the base of the Statue of Liberty in 1903. Ms. Lazarus's words may have reflected the sentiment of the country in 1903, but the United States no longer throws its doors open to any and every person hoping for a better life. Rather, potential immigrants are faced with a labyrinth of legal hurdles in order to gain entry into the United States.

Under current U.S. immigration law, every person in the world is either a United States "national" or an "alien." With few exceptions, the term national today basically …

Return To Sender: Supreme Court Authorizes Removal Of Aliens Without Prior Consent From The Destination Country In Jama V. Ice, Jennifer E. Richter

Mercer Law Review

In a 5-4 decision in Jama v. ICE, the United States Supreme Court rejected prior interpretations of alien removal statutes and held that the Secretary of Homeland Security (the "Secretary") may remove aliens without prior consent from the receiving country. The decision has important ramifications for both statutory interpretation and immigration law. The majority, written by Justice Scalia, concluded that in the new version of the removal statute, 8 U.S.C. § 1231, the rule of statutory interpretation, known as the last antecedent rule, precluded the court from reading an acceptance requirement into subsection (b)(2)(E)(iv). In contrast, the dissent concluded …