Supreme Court sides with Trump admin, rules criminal immigrant can be deported
Jason Hopkins on April 24, 2020
The Supreme Court sided with the Trump administration on Thursday, finding that the government can deport criminal immigrants from the U.S. even if they have been living legally in the country for a long time.
In a split 5-4 decision, the court’s conservative bloc agreed with the administration that Andre Martello Baron, a non-citizen from Jamaica, is eligible for deportation after being charged with drug and firearm offenses, despite him living in the U.S. since the 1980s. The decision makes it more difficult for green card holders with criminal offenses in the U.S. to fight deportation orders.
Barton’s crimes made him eligible for removal, but he argued that he was not, citing a 1996 that allows some long-term legal residents to avoid deportation. Under the law touted by Barton’s legal team, green card holders can request to have their deportation orders repealed if they’ve been living in the U.S. continuously for at least seven year.
The Supreme Court’s majority, however, ruled that legal residents who have committed certain crimes before reaching this “inadmissible” period can be deported.
Justice Brett Kavanaugh, writing for the court’s majority opinion, wrote that “when a lawful permanent resident has amassed a criminal record of this kind,” the country’s immigration laws deems them ineligible to request to remain in the U.S.
“Removal of a lawful permanent resident from the United States is a wrenching process, especially in light of the consequences for family members,” Kavanaugh stated.
“Congress made a choice, however, to authorize removal of non-citizens — even lawful permanent residents — who have committed certain serious crimes,” he continued. “And Congress also made a choice to categorically preclude cancellation of removal for noncitizens who have substantial criminal records. Congress may of course amend the law at any time. In the meantime, the Court is constrained to apply the law as enacted by Congress.”
Kavanugh was joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito.
The decision marks a major win for the White House, and also notably expands the grounds for removal of legal immigrants who have committed serious crimes within the first seven years of their arrival into the U.S.
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