Tag Archives: Immigration

Average Joe SCOTUS: Department of Commerce v. New York

On the 2020 census, the Department of Commerce, at Trump’s request, wanted a question added to the census, that hadn’t been asked since before the Chevrolet Corvette came into being.

They wanted to ask if anyone in the household is not a U.S. Citizen. Their argument being it would help with enforcement of the Voting Rights Act. He argued:

One of the critical elements of Voting Rights Act enforcement is something called Citizen Voting Age Population, or CVAP.

Right now, everything for CVAP comes from the census, with the exception of citizenship.

So population, age, race, all of that comes from the census, except for citizenship, the C in CVAP. So a large amount of voting rights litigation focuses on expert witnesses who try to fill in that missing C and try to estimate that missing C through imputation based on the American Community Survey, which goes to just one in 38 households. And the Department of Justice wanted to get all of the same information from the same database so that critical feature of voting rights litigation, CVAP, all came from the same place.

New York, fearing that homes with an illegal immigrant would say “no” to avoid a visit from ICE, sought to prevent that question from being asked. They want an accurate count, which supports the idea of having the census, since an accurate count helps them understand how many public servants to employ to assist them, and such. Plus, they just think Trump is an asshole, and it’s an asshole question to ask.

So New York decided to depose Trump’s peeps, and ask why the fuck they felt they needed to ask this question in a census, since it seemed politically motivated, and doesn’t help get an accurate count. But the government applied for a stay, basically asking the courts to tell New York to STFU and let them run their goddamn census as they saw fit.

The courts denied this stay, however, and the depositions were allowed to go forward. In the meantime, the district court decided to lay down the law, and tell Trump’s peeps to get rid of the fucking question.

So now SCOTUS was asked by the fed to decide if the district court was out of line, both in handing down their decision, and compelling testimony from Trump’s goons. They were basically trying to get SCOTUS to quash the lower court’s ruling against them.

Breyer and Sotomayor seemed to take particular issue with the fed and their idea that the question wouldn’t cause the census to be less accurate, which was New York’s argument as well, because they laid into Noel Francisco (Solicitor for the fed) on this point like he had slapped their mothers.

In a unanimous decision, SCOTUS told the fed to go fuck themselves—remove the fucking question. The argued the courts did the right thing, and the feds can take their question and shove it up their ass.

Hear oral arguments and read about the case here.

 

Average Joe SCOTUS: Nielsen v. Preap

Mony Preap was a legal immigrant to the United States, a refugee from Cambodia. He came to the United States in 1981 with his parents. In 2006, his ass got busted with weed, and convicted of two misdemeanors as a result.

Because he’s a legal immigrant, and not a citizen, that immigration status can be revoked for certain crimes an immigrant pay commit, one of them being drug offenses.

But at the time, immigration authorities couldn’t be bothered, and did not detain him. Later, he was busted for battery, a crime that oddly does not qualify as a crime that gets you deported if you’re a non-citizen.

Thank about that. Victimless crime? “Fuck you, get out.” Straight up assault? “Nah, you’re good.”  America really needs to get its priorities straight. But back to Preap and others.

Once Preap was busted for battery, immigration decided to hold him without bail while they considered sending his ass back to Cambodia. But since the battery charge does not fall under the statute, they reverted back to his marijuana charges as justification for doing so.

Preap was like, “this is some bullshit” and filed for habeas relief, which means he wanted to be lawfully charged or released, not hanging out and chilling in jail for no good reason.

The Ninth Circuit agreed with Preap, that if the government were to hold Preap for deportation after his marijuana charge, they should have done so at the time of that charge, not years later.

The rule in question is 8 U.S. Code § 1226

Subsection C2 reads: The Attorney General shall take into custody any alien who is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence [1] to a term of imprisonment of at least 1 year.

So now the SCOTUS is being asked to determine if ICE should have to detain these people immediately upon release, or if there is no such time restriction implied, and ICE can detain them whenever it decides to.

The conservative justices Roberts, Thomas, Alito, Gorsuch, and Kavanaugh didn’t give a flying fuck about Preap and his bullshit argument. They decided if Preap did the crime, that he can do the time, even if it’s years later.

I think everyone understands the opposition, here. A guy does a crime, and afterwards, goes back and largely lives a decent life, he shouldn’t have to live in fear the rest of his life that one day the government will roll up on his shit and be like, “Sorry sucker. You’re out!”

But nonetheless, the right wing five didn’t give two shits, and were not willing to prevent the government from doling out justice how they see fit.

Breyer wrote a dissenting opinion, essentially feeling that this interpretation opens up Pandora’s box for the federal government to use this tool down the road, to get rid of immigrants in general outside the normal scope of the law. He’s probably right, but he lost anyway. So it doesn’t matter.

Judgement 5:4 for Nielsen