In win for Trump, U.S. Supreme Court makes deporting immigrants for
crimes easier
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[April 24, 2020]
By Andrew Chung
(Reuters) - The U.S. Supreme Court on
Thursday made it easier for federal authorities to deport certain
immigrants who have committed crimes in a victory for President Donald
Trump's administration.
The court ruled 5-4 to uphold a lower court decision that found a legal
permanent resident from Jamaica named Andre Martello Barton ineligible
to have his deportation canceled under a U.S. law that lets some
longtime legal residents avoid expulsion. The conservative justices were
in the majority, with the liberal justices dissenting.
Barton, a 42-year-old car repair shop manager and father of four, was
targeted for deportation after criminal convictions in Georgia for drug
and gun crimes.
The decision could affect thousands of immigrants with criminal
convictions - many for minor offenses - who reside legally in the United
States. There are more than 13 million legal U.S. permanent residents,
also known as "green card" holders, according to the Department of
Homeland Security.
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Glenn Fogle, an attorney for Barton, called the ruling "extremely
disappointing" and expressed concern for his client, who has already
been sent back to Jamaica.
"My heart goes out to Mr. Barton and his family as he is now effectively
barred from ever rejoining them in the United States," Fogle said.
The Trump administration argued against Barton's bid to avoid
deportation.
Trump's hardline stance on both legal and illegal immigration has been a
key feature of his presidency and his 2020 re-election campaign. He has
justified his immigration crackdown in part by citing crimes committed
by immigrants.
Permanent residents selected for deportation may apply to have their
removal canceled if they have been living continuously in the United
States for at least seven years, except if they have committed certain
serious felonies.
At issue in the case was the meaning of a 1996 change - known as the
"stop-time rule" - in U.S. immigration law. This provision disqualifies
immigrants who commit certain crimes from this discretionary benefit by
stopping the clock on their period of continuous residency.
The federal government had said the rule was triggered in Barton's case
because his assault charge would bar his admission into the country,
even though as of 1996 he had resided in the United States too long to
be declared deportable for that crime.
Barton argued that he could not be found inadmissible because he had
already been lawfully admitted.
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The exterior of the U.S. Supreme Court in Washington, U.S., as seen
on September 16, 2019. REUTERS/Sarah Silbiger/File Photo
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While noting that deporting a permanent resident is a "wrenching
process," conservative Justice Brett Kavanaugh, writing for the
majority on Thursday, disagreed.
"Removal is particularly difficult when it involves someone such as
Barton who has spent most of his life in the United States," wrote
Kavanaugh, appointed to the court by Trump in 2018. "Congress made a
choice, however, to authorize removal of noncitizens - even lawful
permanent residents - who have committed certain serious crimes."
In a dissent, liberal Justice Sonia Sotomayor called the ruling "at
odds with common sense." Sotomayor noted that the immigration judge
who heard Barton's case said she would have preferred to grant
Barton's bid to avoid deportation, noting that he had rehabilitated
and that his four children were all U.S. citizens.
The Justice Department did not respond to requests for comment.
Barton came to the United States as a teenager with his mother in
1989. He was convicted in Georgia in 1996 of assault and possession
of a firearm in an incident in which his friend shot at a house from
a car he was driving. Barton also was convicted of drug possession
in 2007 and 2008.
In 2017, immigration authorities decided Barton's deportation could
not be canceled because the 1996 assault charges triggered the
stop-time rule, just months before he reached the seven-year
milestone. The Atlanta-based 11th U.S. Circuit Court of Appeals
upheld the decision in 2018.
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Of the estimated 1.9 million non-citizens the government has deemed
deportable based on a criminal convictions, most are legal residents
or those in the country on temporary visas, according to the
Migration Policy Institute, a research organization.
The ruling came a day after another immigration crackdown by Trump,
who ordered a temporary block on some foreigners from permanent
residence in the United States, saying he wanted to protect American
workers and jobs during the coronavirus pandemic.
(Reporting by Andrew Chung in New York; Editing by Will Dunham)
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