The law on the immediate deportation of illegal immigrants is again under threat
The US Supreme Court announced Tuesday that the part of the federal law that facilitates the deportation of immigrants convicted of crimes is too vague to comply with.
Judge Neil Gorsach, known for his conservative views, sided with the liberals in the final vote.
The decision of the court concerns the provision of immigration law, which defines the “crime of violence”. A conviction for violence leads immigrants to deportation and usually speeds up the process.
A federal court of appeal in San Francisco has previously appealed this provision as being too vague, and on Monday the Supreme Court agreed. The Court of Appeal based its decision on the Supreme Court decision 2015 of the year, which set forth a similar part of another federal law that imposes longer prison sentences on re-convicted criminals.
The 2015 Case of the Year belongs to James Dima, a native of the Philippines, who in the 1992 year arrived in the United States as a 13-year-old child.
After he disagreed with the two charges of burglary in California, the government began proceedings on his case.
The government argued, among other things, that he could be deported from the country, because Dismy’s actions were classified as “crimes of violence”, which allowed him to be expelled from the country under immigration laws.
Immigration officials referred to a section of immigration law that listed the crimes after which the immigrants could be deported.
The crime category Dimaya is a crime “which, by its very nature, implies a significant risk that physical strength ... can be used during the commission of a crime.”
Immigration judges allowed Dimay to be deported, but the Federal Court of Appeal in San Francisco rejected this provision as constitutional uncertain. The Supreme Court confirmed this decision on Tuesday.
Recall that earlier US President Donald Trump signed a memorandum terminating the practice when an illegal migrant caught by the police remained at large until a court decision on his status. This policy is called "caught - released."
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