America is in a constant battle with the topic of immigration. Some citizens want open borders, and others want a stronger border to protect from illegal entry into America. Those who wish to open borders want it to be that anyone can go anywhere. Those who want stronger protection at the border want people to follow the laws and also help prevent drug smuggling, terrorists, and anyone else who wishes to inflict harm on others from entering the country. It’s a constant debate that’s been going on for years. Former President Barack Obama had deported millions of people, and President Trump might do the same. This week’s ruling by the Supreme court favors Trump’s policies and ideas towards immigration, laws, and deportation.
The Supreme Court has backed President Donald Trump in a controversial ruling that makes interesting changes for illegal immigrants who are detained and awaiting deportation. Specifically speaking, the immigrants who are detained and waiting to be deported are now allowed to be held indefinitely. They are also not entitled to a bail hearing. This means any illegal immigrants who were detained might be detained for anywhere from months to years and not have any possibility to challenge their situation. On one hand, that seems very unfair to detain people for months or years when they can be quickly deported. However, on the contrary, if the person detained has broken several American laws or committed a horrible crime like murder, then it should be acceptable to detain them for the amount of time it would take for them to serve a prison sentence for the crime.
It is sometimes unknown if the illegal immigrant’s home country will hold them accountable for their crimes, which means someone who broke a major law in America could be quickly detained without serving time for the crime.
Western Journal reported more on the ruling:
“Justice Samuel Alito delivered the opinion for the court, joined by Chief Justice John Roberts and Justice Anthony Kennedy.
Justices Clarence Thomas and Neil Gorsuch joined most of Alito’s opinion, though they also wrote to say they do not believe the court had jurisdiction to hear the case.
In a rare move, Justice Stephen Breyer read part of his dissent in the courtroom during Tuesday’s proceedings. The justices only read their dissents from the bench when they mean to emphasize their disagreement with the majority.
Justices Ruth Bader Ginsburg and Sonia Sotomayor joined his opinion. Justice Elena Kagan was recused because she briefly participated in the case while serving in former President Barack Obama’s administration.
The 9th U.S. Circuit Court of Appeals found that individuals held in immigration jails pending deportation may have a hearing every six months to review the legitimacy of their detention. The 9th Circuit based its decision on a legal rule called the canon of constitutional avoidance.
The rule says that where a federal law has multiple interpretations, courts must rely on the interpretation that avoids constitutional problems.
Alito explained that this approach was mistaken, since the words of the statute clearly do not provide bail hearings for detained immigrants.
“That is not how the canon of constitutional avoidance works,” Alito wrote. “Spotting a constitutional issue does not give a court the authority to rewrite a statute as it pleases.”
The high court declined to say whether the Constitution requires bond hearings for aliens in detention. They asked the 9th Circuit to resolve that issue, and may review their determination at some future date.
The American Civil Liberties Union represents the immigrants who brought the action. They say detainees are eligible for bail under the due process clause of the Fifth Amendment.”
It’s predicted that the American Civil Liberties Union (ACLU) will challenge this ruling in hopes to gain more chances for immigrants to challenge their detainment and confinement.
The more significant problem remains, which is convincing people to stop breaking the laws at the border and getting more people to enter America the legal way. America is a land of laws, and we live most civil when people adhere to the same set of rules.
Many Americans were outraged when an illegal immigrant, Jose Inez Garcia Zarate, killed Kate Steinle and was acquitted of homicide. That sparked an all-out rampage against illegal immigrants, many of whom don’t any other laws. But again, breaking into the country is a law that should be followed.
America welcomes immigrants and only asks that people follow the laws of the country.