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Thread: Supreme Court sides with immigrant felons

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    Supreme Court sides with immigrant felons


    The U.S. Supreme Court ruled on Tuesday that an immigration statute requiring the deportation of noncitizens who commit felonies is unlawfully vague in a decision that could limit the Trump administrationís ability to step up the removal of immigrants with criminal records.

    The court, in a 5-4 ruling in which President Donald Trumpís conservative appointee Neil Gorsuch joined the courtís four liberal justices, sided with convicted California burglar James Garcia Dimaya, a legal immigrant from the Philippines.

    The court upheld a 2015 lower court ruling that the Immigration and Nationality Act provision requiring Dimayaís deportation created uncertainty over which crimes may be considered violent, risking arbitrary enforcement in violation of the U.S. Constitution.

    There's going to be some serious pissed off going on over at Fox News.

    https://www.reuters.com/article/us-u...-idUSKBN1HO230

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    That's amazing. You can be a criminal (Felony) illegal alien and not be immediately deported?
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    Flibbertigibbet Wonderer's Avatar
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    Probably. But it sounds like they made the right call under the "void for vagueness" rationale. Congress needs to redraft these provisions and be more specific in defining what constitutes a violent crime for purposes of the INA (and other similar acts.)

    Here's a link to the decision: https://www.supremecourt.gov/opinion...-1498_1b8e.pdf

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    Quote Originally Posted by Crusher View Post
    That's amazing. You can be a criminal (Felony) illegal alien and not be immediately deported?
    Yeah, that pesky Constitution and that whole due process thing.
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    Flibbertigibbet Wonderer's Avatar
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    Quote Originally Posted by Crusher View Post
    That's amazing. You can be a criminal (Felony) illegal alien and not be immediately deported?
    It has to do with the statutory language. The Court is concluding that the way it is written is too vague. Not that (on principle) a felony can't be the basis for deportation.

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    Ironically, or perhaps just amusingly, Gorsuch's opinion went against Trump's on the matter.

    Trump Nominee Neil Gorsuch Goes Against Trump on Immigration | Time
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    Cat-tastic Babba's Avatar
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    Gorsuch was the deciding vote.

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    Flibbertigibbet Wonderer's Avatar
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    Quote Originally Posted by Babba View Post
    Gorsuch was the deciding vote.
    Yes, it was.

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    Quote Originally Posted by Crusher View Post
    That's amazing. You can be a criminal (Felony) illegal alien and not be immediately deported?
    I guess.

    Sounds to me like they want the legislature to clarify the term "violent" as it regards to this.

    Which is fine, and in this case the guy was a burglar, so I agree with that not being a violent crime. Beyond that, I don't agree with anyone who isn't a US citizen being allowed to stay if they're convicted of any felony.

    But I don't want burglary to be re-classified as a violent crime just to make it easier to deport people. Equal justice under the law would make everyone subjected to higher penalties in that case (I would think) and I don't believe a rapist should get the same sentence as someone who broke into an empty house and stole something.
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    Quote Originally Posted by Think for myself View Post
    Ironically, or perhaps just amusingly, Gorsuch's opinion went against Trump's on the matter.

    Trump Nominee Neil Gorsuch Goes Against Trump on Immigration | Time
    Strangely, that happens. Eisenhower said nominating Earl Warren was his worst mistaken in office. I'll bet George Bush I was pretty unhappy with David Souter as well.

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