Posted on 10/10/2018 11:27:49 AM PDT by 2ndDivisionVet
Newly seated Justice Brett Kavanaugh spoke up Wednesday in defense of the Trump administration’s view that legal immigrants with criminal records can be arrested and held for deportation, even years after they were convicted and completed their sentences.
At issue is a federal law that calls for mandatory detention and possible deportation for “criminal aliens,” including legal immigrants convicted of crimes ranging from violent felonies to simple drug possession. The law says the Homeland Security secretary “shall take into custody any alien” with a criminal record that could lead to deportation “when the alien is released.”
The debate focuses on when exactly is “when”?
In a class-action suit brought in California, lawyers for the American Civil Liberties Union complained the mandatory detention policy has been applied to lawful immigrants who had lived and worked in the community for decades after being convicted of misdemeanors, such as drug possession charges.
The administration argues that a provision of the 1996 law calls for arresting and jailing such immigrants, despite their good records after serving their time....
(Excerpt) Read more at latimes.com ...
I meant to mention, the towns, not the state or federal governments have to support these theiving filth.
so these people weren’t just charged with crimes but convicted and sentenced.
what’s the problem?
Is LAtte Times saying he’s a hypocrite since these are old events? Facts, crimes, convictions.
Is LAtte Times saying illegal immigrants shouldn’t have to serve time for their crimes? Just cut and release and hope they don’t try to come back?
FULA
try to travel internationally on a decades old drug possession charge. Musicians find it difficult.
a misdemeanor dwi in the US will bar you from entering Canada where it is a felony.
ACLU tears for foreign criminals
I’m really hoping that Kavanaugh’s experience removes any instinct he may have had to be “even handed” with the left. I believe that the demonization of Clarence Thomas moved him significantly right in his judicial philosophy, to the point where he had an even more consistently conservative record that Justice Scalia (on those few cases where they disagreed). The Dems treatment of Justice Kavanaugh may have ensured that he will be a rock solid conservative vote on the bench. President still needs one more true conservative as insurance against those times when Chief Justice Roberts feels the need to bolster his “centrist” credentials.
Good idea, Justice Kavanaugh! After all, that’s EXACTLY what the DemocRATS tried to do to YOU!
I think he learned that in the last few weeks.....
“Only been on the job two days and already kicking ass”
:)
I said this during the hearings... the liberals have CREATED their worst nightmare... a young judge on the supreme court that has a lifetime bone to pick with them !
LOL
I don’t know exactly what this is about, but I suspect it has to do with once an illegal has served his jail time, for something he did ten years ago, we deport them. Why wouldn’t we do this?
YEAH!! Keep it up Brett!
Winning!
Anyone see pool or update on which will be President Trump's next justice to replace? Ginsburg, Kagan, Sotomayor? While Ginsburg looks to be the most likely, I suspect it will be one of the others. Ginsburg has probably got herself into a state where she might live a long time. Hold out to 2024?
Now once Ruth Buzzi finally leaves this mortal coil. We will have an impenetrable Court.
Very good sign.
That’s right, any legal immigrant not yet a citizen can be deported anytime for committing a felony. I believe that achieving naturalized citizenship ends that possibility.
I am sure there are legal immigrants who have broken the law who are good and decent people.....and probably should be allowed to stay. The law is clear and it is not Trump’s law like the title lies about. It was passed when a rapist was President.
Le’t start cleaning up the really bad actors and see how far this takes us.
So the question would be if or not they’ve acquired their citizenship after coming in as a ‘legal immigrant’. If not then the law appears to be clear....also considering the ‘guidelines’ they need to live by as a ‘legal immigrant’ if they commit a crime, is no doubt given to them at the time they acquire legal immigrant standing.
If a US citizen commits a crime he does not get off just because he’s avoided the law for years. Neither should a Immigrant legal or not....so if the law says he’s to be deported even after he’s served his time then so be it. He should of kept his nose clean.
Excellent!
For an adult immigrant to become a U.S. citizen, he or she must go through ‘the process of naturalization’. ... Be at least 18 years old at the time of filing the Application for Naturalization, Form N-400. Be lawfully admitted ‘permanent resident’ of the United States.
In order to qualify for naturalization, the law requires you to show that you have resided in the U.S. for a specific period of time and that, for all of that time period, you have been and continue to be “a person of good moral character.” ..........If you are still on probation or have not completely paid a fine, you will not qualify to naturalize. This includes any traffic tickets.....
.......... murder and other aggravated felonies, will automatically and permanently bar a person from ever being considered to have good moral character.If you have one of these on your record you will NEVER qualify for U.S. citizenship, no matter how long you wait.
If you apply for naturalization with a deportable conviction on your record—regardless of how much time has passed—USCIS may place you in removal proceedings. Most domestic violence convictions, including protective order violations, and nearly all convictions related to firearms and drugs, can make you deportable.
Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a “petty offense.” The petty offense exception applies if the penalty for the crime committed could never exceed one year of imprisonment, and if any time the person actually served in prison was less than six months.
Examples of petty offenses could include shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, depending on the law in your state.
‘Naturalization’ is the process by which U.S. citizenship is granted to a foreign citizen or national ‘after’he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA)
https://www.nolo.com/legal-encyclopedia/crimes-that-will-make-immigrant-deportable.html
Petty-Offense Exception May Excuse a Crime of Moral Turpitude
Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a “petty offense.” The petty offense exception applies if the penalty for the crime committed could never exceed one year of imprisonment, and if any time the person actually served in prison was less than six months.
Examples of petty offenses could include shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, depending on the law in your state.
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