U.S. top court mulls parameters for deporting immigrant felons

WASHINGTON, (Reuters) - U.S. Supreme Court justices yesterday expressed skepticism toward part of an immigration law requiring the deportation of immigrants who commit violent felonies because of uncertainty over which crimes fit the bill and which do not.

The justices heard arguments in the government’s appeal of a lower court’s ruling that language in the Immigration and Nationality Act calling for deportation of legal immigrants convicted of a “crime of violence” was so vague that it violated their rights to due process of law under the U.S. Constitution.

The case involves a Filipino legal immigrant named James Garcia Dimaya who federal authorities ordered deported after he was convicted in two California home burglaries, though neither crime involved violence.

There has been an intense focus on immigration issues since Republican President Donald Trump took office in January. The ruling in the case could help clarify the crimes for which non-citizen immigrants may be expelled, affecting the Trump administration’s policy of stepping up the removal those with criminal records.

Conservative Justice Neil Gorsuch, the Trump appointee who joined the court in April, could cast the deciding vote.

Monday’s arguments marked the second time the court has tried to tackle the case. It heard arguments in January when the nine-seat court was one justice short, but decided in June after Gorsuch brought the court to full strength to have the case re-argued.

Several justices questioned the role of courts in judging certain crimes as violent. Gorsuch suggested it was up to the U.S. Congress to clearly specify what those crimes are. Liberal Justice Sonia Sotomayor, meanwhile, noted that many burglaries occur in which doors to the residence are left open.

Deputy Solicitor General Edwin Kneedler, who argued for the Trump administration, said the potential for violence is there if a robber encounters the owner of the house, suggesting that the justices should defer to the immigration authorities.

“The immigration laws have long been enforced through a broad delegation of authority to the executive,” Kneedler said.