It is a bit confusing as to why the American government is not allowed in one way or another to pick up immigrants regardless of status and either detain or deport them if they are guilty of a serious crime. The courts, namely the Ninth Circuit, has ruled that the government has no such right.
On Tuesday, they were overruled by the conservatives on the U.S. Supreme Court.
The 5-4 decision, which reverses a ruling by the U.S. Court of Appeals for the 9th Circuit, is widely viewed as a victory for the Trump administration and its hardline immigration policies. It, like the Obama administration, had argued that the government has the authority to pick up and detain immigrants for deportation at any time, and is not required to act only immediately after a prison or jail sentence has been served.
Writing for the conservative majority, Justice Samuel Alito, said immigration law mandates the detention of “deportable criminal aliens” even if it is years later.
This should be a no brainer in American law but apparently is not.
To underscore his dissent, Breyer read aloud part of his opinion.
“In deciphering the intent of the Congress that wrote this statute, 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,” Breyer wrote.
“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,’ ” he added.
Except that those in the nation illegally, technically do not have due process of law regardless of what the leftists, progressives, liberals, and Democrats want to believe.
Even the Obama Administration knew that.