Supreme Court invalidates vague immigration provision, sparing a Pinoy from deportation

The Supreme Court Justices have ended a provision in federal immigration law that they consider unconstitutionally vague — and now, a Filipino immigrant is spared from deportation.

With President Donald Trump appointee, Justice Neil Gorsuch, casting the deciding vote, the Supreme Court today spared Filipino James Garcia Dimaya from deportation, and effectively eliminates a federal immigration law that calls for mandatory deportation for non-citizens including long-time lawful residents who are convicted of “aggravated felony.”

Dimaya, who immigrated from the Philippines to northern California since 1992, was set to be deported because he had pleaded guilty twice to residential burglary, and that an immigration judge found this to be a crime of violence.

The Justices today ruled that home burglary was clearly not the kind of crime of violence that would justify deportation.

By ruling that part of the immigration law used for deportation was too vague, this could limit the Trump administration’s enforcement efforts.

Josh Rosenkranz, an attorney for Dimaya, said to the media, “The Supreme Court delivered a resounding message today: “You can’t banish a person from his home and family without clear lines, announcing up front.”

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