Supreme Court Rules Illegal Immigrants Must Prove Eligibility When Facing Deportation

The Supreme Court sided with the Department of Justice (DOJ) on Thursday, ruling that illegal immigrants bear the burden of proof when facing deportation.

The 5-3 ruling was authored by conservative Justice Neil Gorsuch and found that Clemente Pereida, an illegal immigrant who was born in Mexico but has lived in the U. S. for the past 25 years, has to prove that he is eligible under immigration law before being allowed to remain in the states and have his deportation canceled.

Under immigration law, “certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime,” Gorsuch wrote.

Immigrants who have past criminal convictions and are facing deportation proceedings can ask the attorney general to allow them to stay in the U. S. if they haven’t committed a serious crime that involves “moral turpitude,” among other eligibility requirements. The Justice Department defines “moral turpitude” as “a nebulous concept, which refers generally to conduct that shocks the public conscience,” citing previous case law. (RELATED: Supreme Court Hears First Case Regarding Voting Laws Since Election)

While his deportation proceedings were pending, Pereida was charged in Nebraska for using a fake Social Security card to get a job and was convicted under a criminal impersonation law, according to the court’s ruling.

The immigration judge found the Nebraska law that Pereida under which was convicted encompassed several crimes that involved moral turpitude, except one — operating a business without a license — according to the Supreme Court’s ruling. The immigration judge ruled Pereida was likely not convicted for operating an unlicensed business and theref... (Read more)

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