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Thread: Supreme Court mulls parameters for deporting immigrant felons

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  1. #1
    Senior Member lorrie's Avatar
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    Supreme Court mulls parameters for deporting immigrant felons

    Supreme Court mulls parameters for deporting immigrant felons

    October 2, 2017 / 11:21 AM / Updated 12 hours ago



    WASHINGTON (Reuters) - U.S. Supreme Court justices on Monday expressed skepticism toward part of an immigration law requiring the deportation of immigrants who commit violent felonies because of uncertainty over which crimes fit the bill and which do not.

    The justices heard arguments in the government’s appeal of a lower court’s ruling that language in the Immigration and Nationality Act calling for deportation of legal immigrants convicted of a “crime of violence” was so vague that it violated their rights to due process of law under the U.S. Constitution.

    The case involves a Filipino legal immigrant named James Garcia Dimaya who federal authorities ordered deported after he was convicted in two California home burglaries, though neither crime involved violence.

    The ruling in the case could help clarify the crimes for which non-citizen immigrants may be expelled, affecting the Trump administration’s policy of stepping up the removal of those with criminal records. There has been an intense focus on immigration issues since Republican President Donald Trump took office in January.

    Conservative Justice Neil Gorsuch, a Trump appointee who joined the court in April, could cast the deciding vote.

    Monday’s arguments marked the second time the court has tried to tackle the case. It heard arguments in January when the nine-seat court was one justice short, but decided in June after Gorsuch brought the court to full strength to have the case re-argued.

    Several justices questioned the role of courts in judging certain crimes as violent. “Lots of burglaries are done with open doors or with jimmying without injuring a lock,” liberal Justice Sonia Sotomayor said.

    Gorsuch told Trump administration lawyer Edwin Kneedler it was up to the U.S. Congress to clearly specify who is covered by laws it passes “when it’s going to put people in prison and deprive them of liberty and result in deportation.”

    Kneedler said Congress had reasonably identified a category of crimes that carry the risk of violence, and suggested that the justices should defer to the immigration authorities.

    Conservative Justice Samuel Alito appeared to back the government, suggesting that too loose a standard for finding non-criminal laws vague might cause many other laws to fall. “We might do a wonderful job of pruning the United States Code,” he said, referring to the compilation of federal criminal and civil offenses.

    Dimaya came to the United States from the Philippines as a legal permanent resident in 1992 at age 13. He lived with his family in the San Francisco Bay area, and had worked in several retail store jobs, including as a manager.

    He was convicted in residential burglaries in 2007 and 2009 in crimes in which no violence was used and no one was injured. He was sentenced to two years in prison for each conviction.

    In 2010, the government began a process to deport Dimaya. The Justice Department’s Board of Immigration Appeals, the highest U.S. administrative body for interpreting and applying immigration laws, refused to cancel his expulsion because the law involved defined burglary as a “crime of violence.”

    In the federal criminal code, a “crime of violence” includes offenses in which force either was used or carried a “substantial risk” that it would be used.

    The San Francisco-based 9th U.S. Circuit Court of Appeals ruled in 2015 that the definition as applied to non-citizen immigrants was unconstitutionally vague and can lead to arbitrary enforcement of the law.

    The appeals court relied on a decision that same year by the U.S. Supreme Court, which found that a similar provision in a federal criminal sentencing law was overly broad.

    The case was argued on the first day of the court’s new term. A ruling is due by the end of June.

    https://www.reuters.com/article/us-u...-idUSKCN1C71RP


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  2. #2
    Senior Member posylady's Avatar
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    he was convicted in two California home burglaries, though neither crime involved violence.
    “Lots of burglaries are done with open doors or with jimmying without injuring a lock,” liberal Justice Sonia Sotomayor said.
    So American citizens are supposed to be alright with people breaking in their homes as long as they are immigrants it is ok? As long as they only jimmy the lock there is no harm done? I am betting if the immigrants broke into these judges homes or lived across the street from them and watched them everyday, they might feel a little different. But lets face it; affluent neighborhoods seldom see immigrants in their neighborhoods. So again these people have no idea what actual citizens deal with everyday.
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    Senior Member Beezer's Avatar
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    Ok, so as long as we go into an open door Department store...like Nordstrom...we can just "nicely" take what we want, bag it and be on our merry way?

    LOL...deport all these criminal parasites.

    We have enough of our own home grown crime to deal with...NOT import more of it.

    So now the Judges want to give them the "go ahead" to burglarize our homes! This is outrages! What happens when violence erupts and they kill one of our family members...these Judges need to be removed from office. They now have "sanctuary" against DUI, burglary, identity theft, voting fraud...the list is long.

    Cut off the freebies
    Cut off school
    Cut off healthcare
    Cut off housing
    Cut off the driver's license
    Cut off the jobs
    End anchor baby scam

    DEPORT THEM ALL...NO PATH TO STAY!
    Last edited by Beezer; 10-03-2017 at 08:26 AM.
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    Senior Member posylady's Avatar
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    Kind of strange how it is no big deal for illegals to commit these crimes but an American citizen would have it on their records forever and it sure narrows their chance to get a decent paying job. Funny how it doesn't even effect the illegals finding employment, them getting financial aid or government assistance with a police record.
    Last edited by posylady; 10-04-2017 at 09:13 PM.
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    Congress needs to broaden the law to include theft and fraud, whether physical violence is involved or not. You steal or defraud an American and you are out of here forever. Out justice system acts like Americans want these people here to begin with. They're all being forced down our throats, thrown into work places and nested in our welfare system. We want it to stop. All of it.
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  6. #6
    Senior Member posylady's Avatar
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    If they keep saying it enough they think we will all agree and give up. Sort of like the last election. They kept drilling it in our heads that Hillary would win, Trump didn't stand a chance. It didn't work then and it still isn't going to work. American citizens don't want illegals here the politicians are the ones that do. They rig the polls. I just took one the other day, no choices except slamming Trump some had other on them I wrote in my support for Trump. These polls are a bunch of BS.
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  7. #7
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    Don't give 'em an inch.
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