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-   -   U.S. chief justice alarmed at Trump administration immigration case stance (http://dreamact.info/forum/showthread.php?t=76686)

Swim19 04-28-2017 08:24 AM
U.S. chief justice alarmed at Trump administration immigration case stance
 
Quote:
U.S. Chief Justice John Roberts took issue on Wednesday with the Trump administration's stance in an immigration case, saying it could make it too easy for the government to strip people of citizenship for lying about minor infractions.


Roberts and other Supreme Court justices indicated support for a deported ethnic Serb immigrant named Divna Maslenjak over her bid to regain her U.S. citizenship after it was stripped because she falsely stated her husband had not served in the Bosnian Serb army in the 1990s after Yugoslavia's collapse.


Roberts seemed particularly concerned that the government was asserting it could revoke citizenship through criminal prosecution for trivial lies or omissions.


He noted that in the past he has exceeded the speed limit while driving. If immigrants failed to disclose that on a citizenship application form asking them to list any instances of breaking the law, they could later lose their citizenship, the conservative chief justice said.


"Now you say that if I answer that question 'no,' 20 years after I was naturalized as a citizen, you can knock on my door and say, 'Guess what, you're not an American citizen after all?'" Roberts asked Justice Department lawyer Robert Parker.


Roberts described the administration's interpretation as inviting "prosecutorial abuse" because the government could likely find a reason for stripping citizenship from most naturalized citizens.



"That to me is troublesome to give that extraordinary power, which, essentially, is unlimited power, at least in most cases, to the government," Roberts added.
Quote:
This was the last oral argument of the court's current term. A ruling is due by the end of June.

http://mobile.reuters.com/article/idUSKBN17S2GN

Got_Daca 04-28-2017 10:46 AM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
Does anybody know how did ICE find out about she lied on her application?

Did somebody snitch?

Lying on citizenship application has serious consequences.

Pianoswithoutfaith 04-28-2017 01:14 PM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
He's right the trump admin will look for the slightest details to deport anyone

Charolastra 04-28-2017 02:05 PM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
Quote:
Originally Posted by Got_Daca (Post 612605)
Does anybody know how did ICE find out about she lied on her application?

Did somebody snitch?

Lying on citizenship application has serious consequences.
Not only that, but it's very possible that her husband participated in atrocities against Bosnian Muslims, good for the Trump administration: "Our administration will not allow the murder of Muslims in other countries, but we would never let them into our country!"

K-Man 04-28-2017 03:28 PM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
So 'lying' on a n400 is something they do not take lightly, intentional or not, and there are consequences. It's one of those things if they give a slightest of the slack, it'll open the flood gates. Clerical error is one thing but if you don't disclose truthfully about a military past then yeahhhhh.

Pianoswithoutfaith 04-28-2017 05:03 PM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
Quote:
Originally Posted by K-Man (Post 612637)
So 'lying' on a n400 is something they do not take lightly, intentional or not, and there are consequences. It's one of those things if they give a slightest of the slack, it'll open the flood gates. Clerical error is one thing but if you don't disclose truthfully about a military past then yeahhhhh.
The thing is every administration interprets that differently


What if at the time of adjustment she did not of his military past ?

K-Man 04-28-2017 05:26 PM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
Yeah I'm not an authority on this at all obviously but if she truly didn't know then good for her on winning her case.

Though imo there's some due diligence involved if you're filling out gov applications though, i.e. we should probably investigate whether we were EWI or not when doing daca apps and not assume based on what we were told, etc. But that's just me ;p

Demise 04-28-2017 05:58 PM
Re: U.S. chief justice alarmed at Trump administration immigration case stance
 
Quote:
Originally Posted by Got_Daca (Post 612605)
Does anybody know how did ICE find out about she lied on her application?

Did somebody snitch?

Lying on citizenship application has serious consequences.
Really there's a difference between: lying, not knowing, downplaying, and taking the fifth. Take for example the "organizations you've been part of", what constitutes an organization. You interpret it strictly enough and you could be deported for not disclosing your Costco membership. Moreover, I think holding someone responsible for something their spouse did would violate the 4th amendment.


Still, good to see Roberts take the side of the woman on this one. He's on the tippy top - life term, highest judge in the country, could only be removed by impeachment. I feel like he'll head left as time goes by and might turn into a swing vote akin to Kennedy.

Remember, he was the deciding vote in upholding Obamacare (5-4 decision), something the conservatives never forgave him for.

Honestly expecting a 7-2 or 8-1 on this one. (Gorsuch and Thomas, respectively).


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