U.S. Supreme Court Refuses to Block Deportation of Immigrants

David G. Savage, StarTribune, February 20, 2013

The U.S. Supreme Court refused Wednesday to block the deportation of a Chicago woman and thousands of other immigrants who pleaded guilty in the past to serious crimes and were not warned by their lawyers that a criminal record targeted them for removal.

The decision highlights the stark consequences for noncitizens of having a criminal record. The current law calls for mandatory deportation for immigrants, including lawful residents, who have an “aggravated felony” on their record. The term can describe a variety of state and federal offenses.

Lawyers say tens of thousands of immigrants, many of them lawful permanent residents, plead guilty each year to crimes that may lead to them being deported.

Three years ago, the high court ruled that lawyers had a duty to warn noncitizens of the prospect that a guilty plea would lead to their deportation. But in a 7-2 ruling Wednesday, the justices said their earlier decision cannot be applied retroactively to extend relief to immigrants who pleaded guilty to serious offenses before 2010.

{snip}

The high court refused to extend its earlier decision to aid those who pleaded guilty before the ruling. Justice Elena Kagan said that the 2010 ruling amounted to a major change in the law, and the court has not applied such changes retroactively to old cases. She said, “Defendants whose convictions became final prior to Padilla therefore cannot benefit from its holding.”

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  • “Deportation.”

    Except the big hangup, in spite of this good SCOTUS decision, is that most of these countries won’t want their criminals back.

    • Bill

      I am sick of that excuse. Who cares if they don’t want them back? Drop them on their shoreline and shove off. Take them to the border, send them through OUR side of the border station, and SHOOT them if they are turned around. How long will it be before the other side of the border station is mobbed by these people pushing past the guards, if they KNOW they will be fired upon if they try to return or aren’t allowed back in where they belong. Hmmmmmm. Maybe some enterprising company ought to print up targets of THAT kind of “citizen” for use by law enforcement, border patrol, and border station guards? After all, they are convicted felons engaged in an illegal act, namely trying to break back in to our country illegally.

  • The__Bobster

    Looking for Holder to somehow find a way to overturn this ruling. Maybe he’ll have Obongo issue yet another executive order.

    • Xerxes22

      They don’t have to overturn it, just ignore it. Which is what this administration has been doing for the last four years. If they don’t like a certain law they ignore it or outright refuse to enforce it. After all, who is going to challenge them on it, not the Republicans.

  • This good sense WILL NOT STAND.

  • jambi19

    Think about it. If this has passed. All immigrants illegal or legal would plea bargain as guilty.

  • razorrare

    Lawyers say tens of thousands of immigrants, many of them lawful permanent residents, plead guilty each year to crimes that may lead to them being deported…
    Tens of thousands of immigrants who have pled guilty to crimes are “lawful permanent residents?”…I thought they were just here for work…how many tens of thousands who committed a crime didnt plead guilty…

  • bigone4u

    Somewhere tonight there is a bleeding heart liberal who is mentally devising a workaround to keep the felon immigrants in the USA. Count on it. I’ll believe they’re gone when i see the evidence of that.

    • Bill

      I can tell you where that person is. He sits in the White House but he ain’t white at all.
      I predict another executive order coming (holding envelope to his head with eyes closed).

      • Nate Miller

        It always baffles me why blacks like Eric Holder and President Barack Obama would support hispanic illegals – the very people that despise blacks the most in America. As for blacks, dysfunctional as they are, at least they are fully legalized American citizens. For any black to support a hispanic and that too an illegal one makes as much sense as a Zebra helping a hungry Lion in the same reserve. This is something which does not make sense. Any thoughts people?

  • razorrare

    Vanessa…

    Why leave…just keep posting the same…it irritates the – – – – out of them…So what if they delete…the majority of the time they simply remove my posts as if i have never posted…its cowardly & dishonorable and such people who are in charge of doing such things should be made to get irritated…make em work for their improper shenanigans…removing posts dosent leave footprints but at least some posters might get to see what you posted…just keep reposting it…

    see how easy it is!!

  • razorrare

    Vanessa…

    Why leave…just keep posting the same…it irritates the – – – – out of them…So what if they delete…the majority of the time they simply remove my posts as if i have never posted…its cowardly & dishonorable and such people who are in charge of doing such things should be made to get irritated…make em work for their improper shenanigans…removing posts dosent leave footprints but at least some posters might get to see what you posted…just keep reposting it…

    see how easy it is!!

    • Nathanwartooth

      If your getting your comments deleted you are doing something really wrong. The moderators are generally pretty lenient.

      • razorrare

        Oh no,its because i am doing something really right.

      • razorrare

        No,i am doing something really right.

  • razorrare

    Much better moderator…you chose to delete my reply to vanessa rather than remove it…good job!!

  • sickandtired

    Why should the issue of deporting immigrants that commit crimes in the US have ever gotten as far as the Supreme Court? This should have been acknowledged and acted upon by lower courts.
    Warning them that pleading guilty may cause them to be deoported? Oh please….
    Maybe they WERE guilty!

  • SFLBIB

    My grandparents immigrated to the United States in 1913, and I found their names on their ship’s manifest on the Ellis Island website. That manifest included the following “Affidavit of
    Commanding Officer”, dated 1913, as required of each ship carrying immigrants to the United States. (Thousands of these can be found on the Ellis Island website.) It’s interesting to note that disqualifying health conditions and debauchery then are celebrated as “diversity” now:

    I, (___name of ship’s commanding officer___) , of the (___name of ship___) , from (___port of origin___) , do solemnly, sincerely, and truly (swear) that I have caused the surgeon of said vessel sailing therewith, or the surgeon employed by the owners thereof, to make a physical and oral examination of each and all of the aliens named in the foregoing Lists or Manifest Sheets, (number of sheets) in number, and that from the report of said surgeon and from my own investigation, I believe that no one of said aliens is an idiot, or imbecile, or a feeble-minded person, or insane person, or a pauper, or is likely to become a public charge, or is afflicted with tuberculosis or with a loathsome or dangerous contagious disease, or is a person who has been convicted of, or who admits having committed a felony or other crime or misdemeanor involving moral turpitude, or is a polygamist or one admitting belief in the practice of polygamy, or an anarchist, or under promise or agreement, expressed or implied, to perform labor in the United States, or a prostitute, or a woman or girl coming to the United States for the purpose of prostitution, or for any other immoral purpose, and that also, according to the best of my knowledge and belief, the information in said Lists or Manifests concerning each of said aliens named therein is correct and true in every respect.

  • Fr. John+

    Can we deport the Supreme Court, and the fool that gave us them? (Obummer)