Call Today For A Consultation
“Los que si saben de leyes”
Menu Contact

SCOTUS finds that deportation provision is unconstitutional

Most Texans are aware of the immigration debate because of the state's proximity to the Mexican border. As the Trump administration has sought to deport more undocumented immigrants, the Supreme Court of the United States has issued a decision that might make it more difficult.

The case involved a man who had lawfully immigrated to the United States at age 13 in 1992 and was a lawful permanent resident. The man entered no contest pleas to burglary charges in California in 2007 and 2009. In 2010, the government moved to have him deported based on a provision in the Immigration and Nationality Act. That provision provides for the deportation and removal of immigrants who have committed violent crimes, but it does not define what a violent crime is.

The case was heard by the court after the U.S. Court of Appeals for the 9th Circuit found that the federal law was unconstitutionally vague. The federal government sought a writ of certiorari to the Supreme Court, which agreed with the appellate court's findings.

While the ruling will not impact the government's drive to deport undocumented immigrants, it may offer additional protections to lawful permanent residents who are convicted of committing certain types of crimes. Lawful permanent residents who have been charged with committing crimes and who are facing the possibility of deportation and removal proceedings might want to consult with experienced immigration law attorneys. The attorneys might work closely with their clients' criminal defense attorneys to try to help them to find an immigration-safe plea. If they have already been convicted, the attorneys may advocate for their clients in the immigration courts to try to protect their rights.

Source: CNN, "SCOTUS nixes part of law requiring deportation of immigrants convicted of some crimes", Ariane de Vogue, April 17, 2018

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Austin Office
111 W Anderson Lane, Suite D221
Austin, TX 78752

Phone: 512-774-6832
Fax: 512-692-2643
Austin Law Office Map

Waco Office
3917 West Waco Drive
Waco, TX 76710

Phone: 512-774-6832
Fax: 512-692-2643
Map & Directions

Back to top