Supreme Court Rules In Favor Of Immigrants
Immigration courts have often deported immigrants residing in the United States for minor drug offenses. This occurred because under the Immigration and Nationality Act any immigrant convicted of an aggravated felony was deportable. An aggravated felony included any felony punishable under the Controlled Substances Act.
As a result of this, thousands of immigrants were deported from the United States. Minor drug convictions under state law were being used to remove aliens from the U.S. However, the U.S. Supreme Court decided on December 5, 2006, that immigration courts cannot deport aliens convicted of minor state drug offenses that are not felonies under federal law.
Immigration is currently regulated under federal law. Therefore, in order for a person to be deported, the offense committed must be considered to be an aggravated felony under federal law, regardless of its categorization under state law.
Currently, those who are convicted of misdemeanors (both felony and state) are allowed to apply for certain waivers if they are placed in removal proceedings. This is not an option for those who have been convicted of felonies. The Supreme Court now holds that the only time when a waiver is not available to an immigrant in deportation proceedings is for a crime that is a felony under federal law.
The decision by the Supreme Court will certainly reduce the number of people who are deported from the United States each year for minor drug offenses. The Supreme Court also made it easier for some immigrants convicted of drug possession under state law to remain in the country.
For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.
