SUPREME SURPRISE: Justice Gorsuch BREAKS with Trump On Immigration

Police officers stand in front of the US Supreme Court in Washington DC

Police officers stand in front of the US Supreme Court in Washington DC

The decision is a loss for the Trump administration which, like Barack Obama's administration before it, had defended the provision at issue.

The Supreme Court on Tuesday invalidated a provision of federal law that requires the mandatory deportation of immigrants who have been convicted of some "crimes of violence", holding that the law is unconstitutionally vague. As a result, the U.S. Court of Appeals for the Ninth Circuit held that the INA's crime of violence provision was unconstitutionally vague because it was largely similar to the violent felony provision in the ACCA that the Supreme Court struck down in Johnson.

Please adhere to our commenting policy to avoid being banned. The appeals court based its ruling on a 2015 Supreme Court decision that struck down a similarly worded part of another federal law that imposes longer prison sentences on repeat criminals.

The 2015 decision 'tells us how to resolve this case, ' Kagan wrote. And it comes amid an ongoing focus on immigration by Trump.

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James Garcia Dimaya, a native of the Philippines, was admitted to the United States in 1992 when he was 13 as a lawful permanent resident.

Federal authorities ordered Dimaya deported after he was convicted in two California home burglaries, in 2007 and 2009, though neither crime involved violence.

The government argued that Dimaya could be removed from the country because his convictions qualified as crimes of violence. It initially heard arguments in January 2017 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. An eight member court did not decide the issue, presumably because the justices were deadlocked 4-4.

Supreme Court Justice Neil Gorsuch's latest vote is confusing his conservative fans. In doing so, Gorsuch was continuing the jurisprudence of Justice Antonin Scalia, who also sided with liberals when it came to the vagueness of statutes used to convict criminal defendants. Most of those focus on ousting illegal immigrants who never had permission to be in the USA, while Tuesday's case deals with legal permanent residents who committed crimes while here, and whether those are serious enough to deserve automatic deportation.

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