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Matthew Kolken on Deportation And Removal

Obama Admin SCOTUS Argument Would Make it Easier for Trump to Deport Immigrants

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Obama's parting shot at immigrants, via the Washington Post:

"The Obama administration tried to persuade the Supreme Court Tuesday to retain a federal law that makes it easier to deport immigrants who have been convicted of crimes.

If the justices agree, the outcome could help the incoming Trump administration fulfill its pledge to step up the deportation of immigrants who are convicted of crimes.

The justices heard argument in the administration’s appeal of a lower court ruling that struck down the law as unconstitutional. The case concerns a provision of immigration law that defines a “crime of violence.” Conviction for a crime of violence subjects an immigrant to deportation and usually speeds up the process.

It was unclear from the argument how the court would rule."

Click here for the full article.

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Comments

  1. ImmigrationLawBlogs's Avatar
    It has become something of a parlor game to blame Obama's various immigration policy shortcomings (of which there are admittedly plenty) for the rise of Donald Trump.

    But this leaves out at least two decades of Republican anti-immigrant legislation and proposals, beginning with IIRIRA enacted in 1996, the Sensenbrenner House immigration bill of 2005 (HR 4437) which would have effectively criminalized the entire immigration system, as well as the discredited (but perhaps soon to be revived?) state immigrant persecution laws such as Arizona's infamous SB 1070 and Alabama's even worse SB 56 (which Senator Jeff Sessions admires so much), and the Republican blocking of every attempt at CIR, to name just a very few out of many.

    I am not saying this in order to be partisan, but only to point out a reality that one of our two major parties has (for the most part) stood on the side of diversity, inclusion and racial equality in our immigration system over the past 20 years, while the other party has been the party of the white anti-immigration backlash and attempt to turn America back to a white supremacist pre-1965 immigration system which have now put Donald Trump in the White House.

    Yes, let us criticize Obama's immigration policy evils, of which there are many.

    But that does not justify a revisionist view of the past 20 years of immigration history which would blame the Democrats, rather than his pwn party, for bringing about Donald Trump's America.

    Roger Algase
    Attorney at Law
    Updated 01-20-2017 at 03:42 AM by ImmigrationLawBlogs
  2. MKolken's Avatar
  3. ImmigrationLawBlogs's Avatar
    Matt, that question is an exact example of the kind of revisionist immigration history I am talking about. You must certainly know that IIRIRA was as far away as possible from being a bipartisan measure.

    To the contrary, it was rammed through Congress by the Republican majority in the dead of night in late September (30th, if I remember correctly) as an attachment to a veto-proof omnibus appropriations bill (including, if my memory is correct military appropriations).

    This was done in order to avoid any meaningful discussion or debate on the bill. If President Cinton had vetoed IIRIRA, he would have had to veto the whole bill and would have been at great risk of losing the presidential election which took place only a little over a month later.

    It is easy, with 20 years of hindsight, to say that Clinton should have had the courage to stand up and do the right thing by vetoing the bill anyway.

    Instead, he caved in and even tried to pretend that he has played some role in making parts of the bill a little less horrible for immigrants.

    Cowardice and political expediency? Yes - like almost every other president in our history. Bipartisan measure? - No.

    Roger Algase
    Attorney at Law
  4. MKolken's Avatar
    Roger, facts are stubborn things.

    Via Bryan Johnson:

    First, 22 Democratic Senators voted in favor of making “IIRIRA” law. Some of these so-called pro-immigration reform Senators include Senator Harry Reid, Feinstein, and Leahy.

    88 House Democrats voted in favor of making “IIRIRA” law. Only a slight majority at 92 voted against.

    The Democratic party was overwhelmingly anti-immigrant in 1996 and was just as responsible as the GOP, if not more, for the millions of families destroyed because of the horribly anti-immigrant IIRIRA.

    Although there were more Republicans overall in favor of the 1996 laws, the Democrats were their willing partners. Almost half of the Democrats in Congress votes “Yay.”


    https://youtu.be/SNy4ixHFrdI

    https://youtu.be/m3yesvvYEvs
    Updated 01-20-2017 at 12:59 PM by MKolken
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