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Trump Scores With SCOTUS on Immigration

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Trump Scores With SCOTUS on Immigration

Trump Scores With SCOTUS on Immigration
March 20
14:30 2019

In what is being seen as a victory for President Donald J. Trump, as reported by Reuters, The Supreme Court has just endorsed the U.S. government’s authority to detain immigrants awaiting deportation anytime – potentially even years – after they have completed prison terms for criminal convictions.

The court ruled 5-4 along ideological lines, with its conservative justices in the majority and its liberal justices dissenting, that federal authorities could place such immigrants into indefinite detention without the possibility of bail, not only immediately after they finish their prison sentences, but anytime thereafter.

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The ruling means that immigrants living in the U.S. with serious criminal records can be held without bail while awaiting deportation even if ICE didn’t immediately pick them up when they were released from prison or jail.

A Victory for Trump, a Loss for the Liberal 9th Circuit

The 5-4 decision marked another rejection for the 9th U.S. Circuit Court of Appeals, the liberal panel that covers the country’s West Coast and that has tested a number of legal theories on immigration law.

Under existing US Law, if U.S. Immigration and Customs Enforcement (ICE) immediately arrested someone released from a federal, state or local prison, that person is subject to “mandatory detention,” and could be held indefinitely without bond in the immigration detention system, awaiting deportation.

In the case from the lower court, the 9th Circuit had ruled that under the law, if ICE didn’t immediately arrest them, as in as soon as they were out the door the migrants must be given the opportunity to make bail. This meant that immigrants arrested by ICE months or even days after they had been released, but were found to have a criminal record, could be back out in the communities if they could make bond.

As described by the Washington Times, “the case turned on a phrase in the law that says the no-bail determination applies to someone picked up by ICE “when the alien is released” from prison or jail. The lower court ruled “when” must mean the day of release.

But Justice Samuel A. Alito Jr., writing the majority opinion, said that could create a new loophole for sanctuary cities, which often refuse to alert ICE officers when releasing people from their local prisons and jails. “Under these circumstances, it is hard to believe that Congress made the secretary’s mandatory-detention authority vanish at the stroke of midnight after an alien’s release,” Alito wrote.

He said it made more sense that “when” means at some point after the release, not at the exact moment of it.

While many immigrants living in the U.S. illegally are released while they await their court proceedings and possible deportation, Congress has deemed some serious criminals to be such safety risks that they must be held by ICE while their cases proceed.
Those are the ones affected by the Supreme Court ruling. The American Civil Liberties Union, which had represented the migrants challenging their detention, criticized the court’s decision.

“For two terms in a row now, the Supreme Court has endorsed the most extreme interpretation of immigration detention statutes, allowing mass incarceration of people without any hearing, simply because they are defending themselves against a deportation charge,” said Cecillia Wang, the ACLU’s deputy director.

But Alito wrote that it is not the court’s job to impose a time limit for when immigrants can be detained after serving a prison sentence. Alito noted that the court has previously said that “an official’s crucial duties are better carried out late than never.” Alito said the challengers’ assertion that immigrants had to be detained within 24 hours of ending a prison sentence is “especially hard to swallow.”

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6 Comments

  1. Kirk the Kalm
    Kirk the Kalm March 21, 18:58

    Has the 9th Circuit Court ever mis-interpreted or mis-applied the law? Surely this is the first time!!!
    Why is it called the “left coast?”

    Reply to this comment
  2. kbhret
    kbhret March 21, 19:01

    Sad that the vote was this close.
    Trump must gat at least one more male justice on the bench.
    Obama screwed America for decades to come with Sotomayor & Kagan

    Reply to this comment
    • Jim Vulcan
      Jim Vulcan March 21, 20:57

      Totally agree…

      We are lucky to have Trump as POTUS. Imagine what a train wreck Hillary would have been???

      Reply to this comment
  3. Freedom
    Freedom March 21, 21:04

    I think it’s a disgrace for you to post a photo of president Trump or any president in the future such as this one. He needs to work on his many faces and words; whatever happened to articles like Paul Harvey gave,
    We need to work together for the sake of OUR country and put away such hatred as what is
    happening to us,

    Reply to this comment
  4. Rick
    Rick March 21, 21:08

    Any illegal found guilty of killing an American citizen should be hanged.

    Reply to this comment
    • Bill R
      Bill R March 21, 21:33

      Finally the 9th circuit and aclu lose!!! A great decision!!! Let’s stick it to the dems again!!!

      Reply to this comment

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