On Illegal Immigration, Trump Administration Wins Key Supreme Court Battle

20 March, 2019, 08:47 | Author: Sue Mclaughlin
  • The Supreme Court Building is seen on Decmeber 24 2018 in Washington DC

The Supreme Court ruled in favor of the Trump administration Tuesday, allowing federal officials to detain and deport illegal immigrants after they have served their time in the USA for other crimes.

The decision overturned a ruling of the oft-reversed 9th U.S. Circuit Court of Appeals.

But those affected by the law aren't always picked up immediately and are sometimes not detained until years later.

Looking at a statutory provision enacted by Congress in 1996, Justice Samuel Alito wrote that "neither the statute's text nor its structure" supported the immigrants' argument.

Trump told reporters in the Rose Garden on Tuesday that the move to increase seats comes after the new administration was able to seat two new judges -Neil Gorsuch and Brett Kavanaugh - following the Dems' loss in the 2016 elections.

The court's four more liberal justices dissented, and Justice Stephen Breyer took the unusual step of reading an oral dissent from the bench.

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Alito noted that the court repeatedly has said in the past that "an official's crucial duties are better carried out late than never", Reuters reported. "Congress therefore adopted a special rule for aliens who have committed certain unsafe crimes and those who have connections to terror".

"It is a power to detain persons who committed a minor crime many years before".

The US Circuit Court of Appeals for the Fourth Circuit ruled a year ago that he should be re-sentenced.

Mony Preap was born in a refugee camp after his parents fled Cambodia, and he has lived legally in the United States since 1981. But he wasn't detained by federal authorities until 2013 following another sentence for battery - a non-deportable offense. "These aliens may secure their release by proving to the satisfaction of a Department of Homeland Security officer or an immigration judge that they would not endanger others and would not flee if released from custody".

A divided Supreme Court on Tuesday backed the government's authority to lock up immigrants awaiting deportation after they get out of prison following criminal convictions, giving President Trump a win in his war on illegal immigration. In 2011, he was released after serving a 30-day sentence for a drug charge. Kansas' top court ruled that the state couldn't prosecute the immigrants because the case relied on information that is on a required federal work authorization form, the I-9 - information that immigration law says may only be used for enforcement of federal crimes. "We will continue to fight the gross overuse of detention in the immigration system". The issue in Ramos v. Louisiana is whether the Constitution always requires unanimous guilty verdicts, and thus that those 1972 cases should be overruled.

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