The Palm Beach Post

Justices to air views on immigratio­n policies

High court’s rulings may show stance on administra­tion acts.

- By Mark Sherman Associated Press

WASHINGTON — Supreme Court decisions in a halfdozen cases dealing with immigratio­n over the next t wo months could reveal how the justices might evaluate Trump administra­tion actions on immigratio­n, especially stepped up deportatio­ns.

Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.

The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigratio­n, and what role administra­tion policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.

President Donald Trump h a s p l e d ge d t o i n c re a s e deportatio­ns, particular­ly of people who have been convic ted of c rimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christophe­r Hajec, director of litigation for the Immigratio­n Reform Litigation Institute. The group generally supports the new administra­tion’s immigratio­n actions, including the travel ban.

For about a century the court has held that, when dealing with immigratio­n, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigratio­n law expert. “The court has explicitly said the Constituti­on applies differentl­y in immigratio­n than in other contexts.”

Two of the immigratio­n cases at the court offer the justices the possibilit y of cutting into the deference that courts have given the o t h e r b r a n c h e s o f g o v - ernment in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.

In the other case, the court has taken on a challenge to an unusual federal law that makes it easier for children born outside the United States to become citizens if their mother is an American and harder for them if their father is the U.S. citizen. Even after legislatio­n in 1986, children of American fathers face higher hurdles claiming citizenshi­p for themselves.

Both cases were argued b e f o r e T r u m p b e c a m e president in January, and the Obama administra­tion o p p o s e d t h e d e t a i n e e s ’ claims and the citizenshi­p challenge.

Even if the positions haven’t changed, the context has, Spiro said.

“The court has got to be conscious of how these rulings are going to apply to Trump administra­tion activity,” Spiro said.

The decisions may directly affect people who are targeted by immigratio­n authoritie­s for quick deportatio­n, o r e x p e d i t e d r e m o v a l , and immigrants who were brought to the United States as children and offered protection from deportatio­n by the Obama administra­tion, said Steven Vladeck, a Universit y of Texas law professor.

“A n o p e n q u e s t i o n i n immigratio­n law concerns how much authorit y the government has and how strong the Constituti­on is as a constraint,” Vladeck said. For Trump, he said a major question is how much discretion the president has. “It’s at the heart of a lot of what the Trump administra­tion wants to do,” Vladeck said.

Other cases involve discrete sections of the immigratio­n law in which the decisions either will free or constrain immigratio­n authoritie­s from deporting people convicted of certain crimes.

In one case, a Mexican immigrant is facing deportatio­n after he was convicted in California of having sex with someone under 18 and more than three years younger than he was. The charge covered a period before and after his 21st birthday when the woman, his girlfriend, was 16. That’s a crime in California but not in most of the rest of the country, and the immigrant says it should not count as sexual abuse of a minor, which under immigratio­n law would subject him to deportatio­n.

In another case, an immigrant convicted of burglary is challengin­g a provision o f i mmigrat i o n l aw t h a t counts the crime as serious enough to warrant automatic deportatio­n. Several federal appeals courts have sided with immigrants who have contended the provision is too vague.

Immigratio­n almost certainly will continue to be a ver y a c t ive par t of t he Supreme Court’s docket. The travel ban itself could be at the court in the coming months. On Monday, the federal appeals court in San Francisco is hearing the administra­tion’s appeal of an order striking down the ban.

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