Reason.com By
Justice Barrett’s majority opinion in Patel v. Garland begins:
Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States. When noncitizens violate those rules, Congress has provided procedures for their removal. At the same time, there is room for mercy: Congress has given the Attorney General power to grant relief from removal in certain circumstances.
Yet, Congress does not use the word “noncitizen.” The immigration laws use the word “alien.”
Now, Justice Barrett has joined Justice Kavanaugh, Justice Sotomayor, the Solicitor General, and others, with swapping out “alien” for “noncitizen.” The lower courts—including the Eleventh Circuit—continue to squabble over this issue…
