Breyer was joined in dissent by the three other Democratic-appointed justices—Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.
US Supreme Court rules government can indefinitely detain immigrants years after release from criminal custody
In a 5-4 decision Tuesday, the US Supreme Court upheld the federal government’s interpretation of a law in a manner that enables it to indefinitely detain immigrants years after they have been released from criminal custody for certain offenses, while they await a decision on their immigration status.
The ruling emboldens the Trump administration in its fascistic war on immigrants, giving Immigration and Customs Enforcement (ICE) agents a free hand to hunt down and detain, without bail, any migrant, documented or undocumented, who served time for a criminal offense, including charges as minor as marijuana possession or the illegal download of music. The ruling creates a class of US residents who can be disappeared into America’s network of immigration detention centers over actions that took place years in their past.
The American Civil Liberties Union (ACLU), which represented the plaintiffs in the case, released a statement on Twitter Tuesday denouncing the decision. “For two terms in a row now,” the statement declared, “SCOTUS [the Supreme Court of the United States] has endorsed the most extreme interpretation of immigration detention statutes, allowing mass incarceration of people without any hearing, simply because they are fighting a deportation charge.”
At question in the case, Nielsen v. Preap, was a recent ruling by the Ninth Circuit United States Court of Appeals that a 1996 law enacted under Democratic President Bill Clinton stipulated that immigrants with a criminal conviction could be detained by immigration agents without a bond hearing only if they were arrested within 24 hours of their release from prison.
Justice Samuel Alito, writing for the extreme right-wing majority, used sophistry, including an argument based on faulty grammar, to reverse the Ninth Circuit’s ruling and justify the unconstitutional and arbitrary detention of immigrants, including legal immigrants holding green cards.
“As we have held time and again, an official’s crucial duties are better carried out late than never,” Alito declared, with the concurrence of the four other Republican appointees on the court.
The ruling overturns the status quo and puts thousands of immigrants with a criminal conviction on their record at risk of being locked up by ICE while their case is pending.
Justice Stephen Breyer, who authored the dissent, took the unusual step of reading it aloud from the bench so as to underscore the seriousness of the issues involved. “In deciphering the intent of the Congress that wrote this statute,” he said, “we must decide—in the face of what is, at worst, linguistic ambiguity—whether Congress intended that persons who have long since paid their debt to society would be deprived of their liberty for months or years without the possibility of bail.
“We cannot decide that question without bearing in mind basic American legal values: the Government’s duty not to deprive any ‘person’ of ‘liberty’ without ‘due process of law.’”
Breyer was joined in dissent by the three other Democratic-appointed justices—Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.
Strict enforcement of the court’s ruling will spur a dramatic growth of the already expansive network of immigrant detention centers, as thousands more are arrested. This will only add to the backlog of immigration cases, resulting in an increase in the amount of time it takes for a case to reach its conclusion.
“The greater importance of the case,” Breyer noted in his dissent, “lies in the power that the majority’s interpretation grants the government. It is a power to detain persons who committed a minor crime many years before. And it is a power to hold those persons, perhaps for many months, without an opportunity to obtain bail.”
“Under the government’s view,” Breyer added, “the aliens subject to detention without a bail hearing may have been released from criminal custody years earlier, and may have established families and put down roots in a community.”
The use of the 1996 law to impose this regime of legal terror on immigrants underscores the bipartisan character of the assault on the rights of immigrants and democratic rights more generally. President Bill Clinton signed into law the sweeping Illegal Immigration Reform and Immigrant Responsibility Act, which expedited deportation proceedings for those convicted of certain crimes and authorized the construction of barriers and fencing along the US-Mexico border.
Republican President George W. Bush transformed the Immigration and Naturalization Service into ICE and Customs and Border Protection (CBP) when the immigration and border control system was brought under the umbrella of the newly formed Department of Homeland Security in 2003. Under Democratic President Barack Obama, approximately 3 million people were deported from the US, more than in any previous administration.
Trump, who ran on an openly chauvinist and anti-immigrant platform, has dramatically escalated the war on immigrants, whose central purpose is to divide the working class and establish a police state framework for attacking the working class as whole. Without any significant protest from the Democrats or the media, and in violation of international law, the administration has eliminated the right of workers to come into the US and apply for asylum. The Democrats have done nothing to mobilize popular opposition to Trump’s decision to declare a national emergency in order to build a wall on the US-Mexico border.
The Supreme Court’s decision in Nielsen v. Preap marks yet another step in the dangerous expansion of the police powers of the state, which can and will be turned against the entire working class, not just immigrants. With each new law, court decision and executive order, the US immigration system increasingly takes on the character of an all-embracing gulag, where potentially millions are stripped of all democratic rights.
THE DEM VOTING ILLEGALS WILL BE RIGHT BACK OVER
THE BORDER DRIVING DRUNK, KILLING AND MAKING
ANCHOR BABIES FOR WELFARE WITHIN WEEKS!
MEX MURDERS MOTHER IN PELOSI, FEINSTEIN, KAMALA
HARRIS, GAVIN NEWSOM'S ! SANCTUARY ! CITY OF SAN FRANCISCO!
*
Steinle’s
murderer, Jose Zarate and been deported 5xs!
*
"While walking with her father on a pier
in San Francisco in 2015, Steinle was shot by the illegal alien. Steinle
pleaded with her father to not let her die, but she soon passed in her father’s
arms."
*
In the last two years, ICE officers made
266,000 arrests of aliens with criminal records, including those charged or
convicted of 100,000 assaults, 30,000 s ex crimes, and 4,000 violent k illings.
Over the years, thousands of Americans have been brutally k illed by those who
illegally entered our country, and thousands more lives will be lost if we
don't act right now.
Illegal Alien Accused of Killing Pierce Corcoran to Be Deported from U.S.
1:48
The illegal alien accused of killing 22-year-old Pierce Corcoran in Knoxville, Tennessee, has been ordered deported from the United States by a federal judge.
As Breitbart News reported, Pierce Corcoran — an aspiring personal trainer — was killed in a head-on car crash allegedly caused by 44-year-old illegal alien Francisco Eduardo Franco-Cambrany days before New Year’s Eve.
The illegal alien, police said, was driving without a license and without proper registration for his vehicle. He was subsequently charged with negligent homicide and driving without a license and was granted a $3,500 bond months ago.
In a decision this week, the Executive Office for Immigration Review announced that Franco-Cambrany is ordered deported from the country following the alleged killing of Corcoran.
One of Corcoran’s siblings wrote online that the leniency applied to the illegal alien is “an insult.”
No felony charges for entering in the first place,killing Pierce,driving uninsured and without a license. What an insult to my brother’s life.#JusticeForPierce #IllegalAlienCrime #YourActionsStillMatterPierce wvlt.tv/content/news/D…
121 people are talking about this
In January, Franco-Cambrany’s attorney urged federal officials to allow the illegal alien to remain in the U.S., telling the court that despite the alleged killing of Corcoran, his client had been a “success” while living illegally in the country.
“Mr. Franco-Cambrany attributes his ‘success’ in this country to the kindness and generosity of East Tennesseans,” the illegal aliens’ attorney stated. “It is his sincere hope that he lives the remainder of his life in East Tennessee … he has suffered great sacrifice to call this area home.”
Family members of Pierce have created a Facebook and Twitter account in his memory, both titled: “Justice for Pierce Corcoran.”
John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder.
THE PEOPLE WHO HIRED THIS APE KNEW
HE WAS AN ILLEGAL! Why aren't they in
prison with him?
Illegal Immigrant Arrested After Having Sex with Cow, Say Police
1:43
Authorities say they arrested a Mexican national illegally in the country who was spotting having sex with a cow in rural Starr County, Texas.
U.S. Border Patrol agents observed a man who appeared to be having sex with a cow near the Hidalgo County line, the Starr County Sheriff’s Office revealed. The story was first reported by the local newspaper El Tejano, noting that when deputies arrived at the scene, Border Patrol agents provided additional information and the location where the suspect was reportedly seen with the cow.
At the scene, deputies interviewed 28-year-old Jose Nino, a Mexican national who was in the country illegally. Sheriff’s deputies arrested Nino and took him to the Starr County jail. Nino went before Starr County Justice of the Peace Ramiro Guillen, who formally charged him with one count of bestiality, a state jail felony, and set his bond at $1,500 personal recognizance. Deputies then turned Nino over to U.S. Border Patrol.
Ildefonso Ortiz is an award-winning journalist with Breitbart Texas. He co-founded the Cartel Chronicles project with Brandon Darby and Stephen K. Bannon. You can follow him on Twitter and on Facebook. He can be contacted at Iortiz@breitbart.com.
Brandon Darby is the managing director and editor-in-chief of Breitbart Texas. He co-founded the Cartel Chronicles project with Ildefonso Ortiz and Stephen K. Bannon. Follow him on Twitter and Facebook. He can be contacted at bdarby@breitbart.com.
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