Now illegal immigrants have fewer chances to appeal against deportation: what has changed - ForumDaily
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Now illegal immigrants have fewer chances to appeal against deportation: what has changed

The US Supreme Court on March 4 made it difficult for illegal immigrants who have lived in the United States for a long time to fight deportation. The court's ruling was against a man who lived in the United States for 25 years but used a fake Social Security card to get a job as a janitor. Writes about it NPR.

Photo: Shutterstock

Clemente Pereida was fined $ 100 under Nebraska law after he refused to contest charges of "trying to impersonate another person." The lower courts ruled that the violation was sufficient to deport a man because it was a crime of "moral baseness" under state law.

This meant that Pereida could not challenge the decision with the attorney general. The Attorney General has the right to revoke the deportation, but not if the applicant was found guilty of a crime of “moral baseness”.

According to the decision of the Supreme Court, Pereida must prove that his act was not "moral baseness." This decision rejected Pereida's argument that his crime did not fall into this category, otherwise it would be up to the government to prove it.

By imposing the obligation to prove on Perejda, the court not only made it difficult for illegal immigrants to obtain special permits from the attorney general, but also made it difficult to consider the grounds for deportation.

On the subject: How ICE is tracking illegal immigrants: the department found an effective, but illegal method

In his letter, Judge Stephen Breuer, who did not support the decision of the court, said that “given the huge number of various administrative offenses, long-standing plea agreements and other factors, there is a real risk of increasing the time and complexity of immigration procedures”, which would make them “less fair and less predictable. "

Stanford law professor Lucas Guttentag, who served as a senior adviser to the head of the Department of Homeland Security during the Barack Obama administration, believes that the decision would be tantamount to a "one-way street" and it will increase the likelihood of deportation of illegal immigrants.

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Law professor Stephen Yale-Loer agrees. Co-author of the 21-volume treatise on immigration law, Yale-Loer said the court ruling "increases the burden of proof for immigrants in deportation proceedings."

The majority was joined by four conservative judges, including Chief Justice John Roberts and rank-and-file Themis Clarence Thomas, Samuel Alito and Brett Cavanaugh.

Stephen Breuer, Elena Kagan and Sonya Sotomayor did not support this decision.

Judge Amy Coney Barrett was not involved in the decision.

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