In case you missed it, the Biden Administration has confirmed Kentaji Jackson Brown to be one of the next Supreme Court justices. Supreme Court justices in the U.S. have a tremendous power and responsibility as arbiters of United States law. They are charged with ensuring that the American people receive the promise of equal justice under the law. Further, Supreme Court justices also have the very distinct possibility of deciding highly controversial and important matters in American politics and society, such as issues ranging from illegal immigration, abortion, gun safety, and many other societal problems that affect both American citizens and also immigrants living in the U.S.
In this post, we will take a closer look at Kentaji Brown’s record when it comes to U.S. immigration. Matters related to immigration appear in the Supreme Court infrequently, but they are critically important to understanding how disputes and high level court cases can influence American politics and how new realities can be formed.
It should be noted that overall, Kentaji Brown is not ideologically opposed to immigration in the United States. Prior to being appointed to the Supreme Court, Brown has an extensive record of not using any derogatory language towards immigrants, i.e. calling such individuals “illegals” or “aliens”. She has presided over many immigration related cases in her career, especially as a federal public defender.
One of the most well known cases she presided over took place in September, 2019, when the Trump Administration decided to expand the expedited removal program beyond its initial 100 mile radius from the U.S. Border. Brown ordered an injunction of the expansion, citing that there was no regulatory process behind the orders, which was needed in order for such an implementation to be lawful.
Brown also helped immigrants in her earlier career who were wrongly deported from the United States. She argued in Kiakombua vs. Wolf that the plaintiffs involved in the case did not undergo a proper credible fear interview, which is one of the bases for deciding whether to allow someone to remain in the U.S. as an asylum seeker.[1]
Overall, it seems that Brown has a clean record and understanding of human rights principles when it comes to U.S. immigration law. This is important because it shows that she is able to discern and defend immigrants who are seeking immigration benefits in the United States as well as advocate for immigration reform via her position in Washington.
