Justice Brett Kavanaugh (that sounds great, doesn’t it?) is already making his presence felt on the Supreme Court.
While liberals are trying to set criminals free on the street, Justice Kavanaugh has sided with the Trump administration and its stricter immigration policy.
The issue at hand is a current federal law that mandates that criminal aliens be detained for possible deportation.
According to the law, Homeland Security can take them into custody “when” they are released.
Just “when” that is, though, has been undefined, something the ACLU wants corrected ASAP. In practice, some detentions have taken place years after the conviction.
The ACLU is making the argument that not all criminals are equal.
Their argument is if immigrants have been living and working in our communities for years after a minor conviction, they should be exempt from the mandatory detention policy.
The Trump administration, however, has stated that a 1996 provision stipulates that these immigrants, despite their recent good records, may still be eligible to be deported because of their past criminal convictions.
Kavanaugh Stands Tall
Cecillia Wang, the attorney for the ACLU, thinks 24 hours would be a reasonable definition of “when.”
But Justice Kavanaugh disagreed, stating: “Congress did not put in a time limit.”
“That raises a real question with me whether we should be superimposing a time limit,” Kavanaugh continued.
The new justice went on to explain that when this provision was put in place, Congress was trying to crack down on the problem of undocumented immigrants and crime in this country.
Justice Samuel A. Alito Jr. cited the sheer logistics of the matter — and the added complication of uncooperative states.
Since “dozens, probably hundreds” of immigrants are released from jail in California on a given day, Alito asked: “How is the federal government going to be able to determine quickly, within 48 hours or any short period of time, whether those individuals should be subject to the mandatory detention requirement of this statute? California is not going to tell the federal government, ‘Look. We’re releasing this person.'”
Overall, the justices split along ideological lines, which is good for conservatives.
But Trump’s 2017 Supreme Court appointee, Justice Neil Gorsuch, wondered if there was any limitation on how long after release the government could detain someone.
“Could be it 30 years? Is there any limit on the government’s power?” Gorsuch asked.
By the end of the session, it sounded as though SCOTUS would be backing this administration’s stance.