The Supreme Court rules against immigration law designed to crack down on violent illegal immigrants

  In a 5-4 decision, with Neil Gorsuch casting the deciding vote, the Supreme Court ruled against part of a Federal immigration law (The Immigration and Nationality Act) which made it easier to deport illegal immigrants who are convicted of a violent crime. Here is more:

The Supreme Court on Tuesday invalidated a provision of federal law that requires the mandatory deportation of immigrants who have been convicted of some “crimes of violence,” holding that the law is unconstitutionally vague.

  From what I have read the law lists specific violent crimes but then includes the provision which is in question, it was argued this provision was too vague and gave the Federal government too much power to expand the definitions of violent crimes.

  Here is what Neil Gorsuch had to say:

“What does that mean?” Gorsuch asked in a concurring opinion. “Just take the crime at issue in this case, California burglary, which applies to everyone from armed home intruders to door-to-door salesmen peddling shady products. How, on that vast spectrum, is anyone supposed to locate the ordinary case and say whether it includes a substantial risk of physical force? The truth is, no one knows.”

“The law’s silence leaves judges to their intuitions and the people to their fate. In my judgment, the Constitution demands more,” Gorsuch added.

  I have a bit of a problem with him saying it leaves people up to their fate. It does not take into account the fate of the potential victims and it lessens the role the criminals play in determining their own fate. If they were not caught committing a crime they would not be fated for deportation.

I expected Donald Trump to attack Neil Gorsuch but he took the high road, calling on the Congress to strengthen the law:

President Donald Trump reacted to the ruling on Twitter on Tuesday evening, writing, “Today’s Court decision means that Congress must close loopholes that block the removal of dangerous criminal aliens, including aggravated felons. This is a public safety crisis that can only be fixed by Congress — House and Senate must quickly pass a legislative fix to ensure violent criminal aliens can be removed from our society. Keep America Safe!”

  I would not expect the Congress to act quickly on this. In fact I would be surprised if they did anything.

malo periculosam libertatem quam quietum servitium