Susan Walsh / AP
The US Supreme Court, which was ideologically divided, ruled Tuesday that the government can hold legal immigrants without hearing long after they have served their crimes.
The decision 5-4, which is a judgment of the US Court of Appeals for the 9th Circuit is set aside. It is widely regarded as the victory of the Trump government and its harsh immigration policy. Like the Obama administration, she had argued that the government had the power to pick up immigrants at any time and arrest them for deportation, and was not required to act immediately after serving prison terms or imprisonment.
Writing for The Conservative Majority, Justice Samuel Alito, said the immigration law requires the imprisonment of "deportable criminal aliens", even if it's years later.
Alito wrote that it was "especially hard to swallow" that "the alien must be arrested" on the day he leaves prison.
"As we have worked over and over again, the duties of an official are better than never fulfilled," he wrote.
Writing for the deviant liberal wing of the court, Judge Stephen Breyer warned that the verdict of the government The law is clear, the government wrote that the state could not hold an immigrant without hearing the bail unless the individual was arrested when he was released from custody.
Um To emphasize his opposition, Breyer read part of his opinion.
"In deciphering the intent of the Congress that drafted this Statute, we must decide, in the face of the worst linguistic ambiguity, whether the Congress intended that persons who would be theirs Debt society long ago paid to be deprived of their freedom months or years without the possibility of bail, "wrote Breyer.  "We can not decide this issue without taking into account the American core values: the government's duty not to deprive any" person "of their freedom without having a due process for them & # 39 ;, he added.
The Supreme Court ruling was taken in response to two unclassified proceedings.
In one case, Mony Preap, a legal resident of Cambodia, was arrested and sentenced for marijuana possession in 2006. However, he was not arrested by the federal authorities until 2013, after being deported for another sentence for accumulation had been. Preap remains in the US after successfully challenging his deportation case.
Bassam Yusuf Khoury, known in the court papers as "a native of Palestine," was sentenced to 30 days in prison for drug abuse in the court proceedings. Two years later, he was arrested by federal authorities and tried to deport him. He was held for six months before a judge ordered his release. Khoury also won his deportation case and still lives in the USA.
The American Civil Liberties Union represented both plaintiffs. ACLU Deputy Chief Justice Cecilia Wang said Tuesday's ruling followed another ruling last year that limited immigrants' rights to hearings.
"For more than two consecutive years, the Supreme Court has endorsed the most extreme interpretations of immigration detention laws. It allowed the mass arrest of people without hearing simply because they are resisting a deportation charge," Wang said in a statement. "We will continue to fight against the gross overuse of detention in the immigration system."