Gorsuch, Roberts join liberal justices in immigration decision
Supreme Court Justices Neil Gorsuch and Chief Justice John Roberts made a surprising move on Tuesday by siding with the left-leaning justices on the court in an immigration appeals case. The 5-4 ruling in Monsalvo Velazquez v. Bondi focused on the government’s interpretation of a 60-day “voluntary departure” deadline for certain immigrants deemed to be of “good moral character.”
Gorsuch, writing for the majority, explained that the decision to extend voluntary departure deadlines falling on weekends or legal holidays to the next business day aligns with long-standing administrative practices in immigration law. This interpretation has been consistent since the 1950s, with Gorsuch noting that the 1996 Illegal Immigration Reform and Immigrant Responsibility Act passed by Congress also supports this reading.
The majority decision, backed by Roberts, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, overturned the rulings of the 10th Circuit Court of Appeals and the Board of Immigration Appeals. The case revolved around Monsalvo Velázquez, a Colorado resident facing removal in 2019.
While the case may seem technical, it could provide insights into the court’s thinking as it prepares to tackle high-profile immigration cases in the near future. These cases include challenges to due process protections for migrants and nationwide injunctions blocking Trump’s birthright citizenship ban.
On the dissenting side, Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Amy Coney Barrett argued that the court lacked jurisdiction to rule on the matter. Alito specifically disagreed with the majority’s interpretation, stating that the 60-day period imposed by the government should include weekends.
The ruling comes ahead of oral arguments scheduled for May 15 in a case challenging Trump’s attempt to end birthright citizenship. This case is anticipated to be one of the most significant cases reviewed by the Supreme Court during Trump’s tenure.
Breanne Deppisch, a national politics reporter for Fox News Digital, covers the Trump administration, focusing on the Justice Department, FBI, and other national news.
