February 24, 1999

Supreme Court Limits Federal Court Jurisdiction in
Reno v. American-Arab Anti-Discrimination Committee, 97-1252

Full Text of Supreme Court Decision

In an 8-1 vote, the Supreme Court removed a major hurdle for the INS today, ruling that noncitizens are not entitled to have federal courts rule on their selective enforcement claims before their deportation hearings are held. By a separate 5-4 vote, the justices went further to rule that the respondents had no constitutional right to assert in federal court a selective enforcement defense against deportation, thus depriving the federal court of jurisdiction over their suit. The decision handed down today overturned a previous 9th Circuit Court of Appeals ruling that the 1996 immigration law did not bar a federal court from examining the immigrants' free speech case. Today's decision set aside that ruling.

The respondents, seven Palestinians and the Kenyan wife of one of them, were targeted by the INS and placed in deportation proceedings because of their political activities on behalf of the Popular Front for the Liberation of Palestine (PFLP). The group sued to enjoin the deportations arguing that they were being targeted because of their political beliefs, in violation of their the First Amendment rights. A district court in 1994 issued an injunction, temporarily barring the INS from conducting the proceedings.

While their case was pending in 1996, Congress passed legislation that severely curtailed federal court jurisdiction over deportation cases, allowing them to take such cases only after the INS issued a final order of deportation or removal. Months earlier, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996, which made it a crime for anyone - citizen or noncitizen - to provide financial support to a foreign organization labeled as terrorist by the Secretary of State.

Meanwhile, 9th Circuit Court of Appeals upheld the district court's injunction, holding that the 1996 law did not bar a federal judge from deciding the noncitizens' free-speech case. The appeals court found that the mere act of raising money for a group such as the PFLP did not justify deportation unless the fund-raisers specifically intended to support terrorism. The Supreme Court today reversed that decision.

AILA Board member Marc Van Der Hout has represented the respondents this ever since this case began in 1987.