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Reuters: U.S. chief justice alarmed at Trump administration immigration case stance

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Tripon

Member
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.

https://www.yahoo.com/news/u-chief-...dministration-immigration-case-001649089.html
 

GoutPatrol

Forgotten in his cell
Remember that a conservative court may not always back a Republican administration.

Maslenjak entered the United States with her husband and two children in 2000, granted refugee status over a claimed fear of ethnic persecution in Bosnia at the hands of Muslims. They settled in Ohio. She became a U.S. citizen in 2007. At issue is her concealment of her husband Ratko's service in a Bosnian Serb Army brigade that participated in the notorious 1995 massacre of 8,000 Muslims in the Bosnian town of Srebrenica.

Maslenjak's citizenship was revoked. She and her husband were deported to Serbia last October.

This has very little to do with Trump.
 
It's the Trump administration that is currently arguing the case right now in front of the Supreme Court.

You write this as if this case and this position sprung to life under the Trump administration when he was inaugurated.

see for yourself the timeline and documents here:

http://www.scotusblog.com/case-files/cases/maslenjak-v-united-states/

I mean, it is true that this is the Trump admin defending the conviction, but let's not pretend that this is not a continuation of the position taken by the Obama DOJ. It seems like there are some nuances being lost here in the rush to pin everything on Trump.
 

JKRMA

Banned
Republic supporter: "Well, they should have thought of that before they jaywalked 25 years ago as a teenager."
 

Branduil

Member
Remember that a conservative court may not always back a Republican administration.
The difference is that some Republican judges came from a different time, and they're also not subject to being primaried. So being a shithead is optional rather than required.
 

besada

Banned
I mean, it is true that this is the Trump admin defending the conviction, but let's not pretend that this is not a continuation of the position taken by the Obama DOJ. It seems like there are some nuances being lost here in the rush to pin everything on Trump.

I'm not sure anyone is pretending anything. The Chief Justice specifically called out this administration. That's what the thread is about.
 

GaimeGuy

Volunteer Deputy Campaign Director, Obama for America '16
You write this as if this case and this position sprung to life under the Trump administration when he was inaugurated.

see for yourself the timeline and documents here:

http://www.scotusblog.com/case-files/cases/maslenjak-v-united-states/

I mean, it is true that this is the Trump admin defending the conviction, but let's not pretend that this is not a continuation of the position taken by the Obama DOJ. It seems like there are some nuances being lost here in the rush to pin everything on Trump.

I'm not sure what the Obama DOJ's stance would have been because they never presented this legal argument before the Supreme Court. The Obama DOJ may have agreed with the revocation of citizenship in this particular instance and argued in favor of it, but not necessarily using the same reasoning as the Trump administration is using.

It's Trump's administration saying the federal government can revoke citizenship for any infraction by a naturalized citizen, however minor, at any time.

It's a lofty claim to say that's what Obama's DOJ would have argued.
 
Justice Roberts literally said "oh come on."

Orin Kerr‏ @OrinKerr 4 hours ago
Reaction you would rather not get to your oral argument: "Oh, come on." https://www.nytimes.com/2017/04/26/us/politics/supreme-court-naturalization.html ...

C-YenO6XcAQ2PwD.jpg:large

I believe that moment was caught on video.

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As a recently naturalized citizen this case scares the shit out of me.

EDIT: I think we can argue whether her omission was "immaterial" or not, but the DOJ's position that the government can revoke citizenship for omitting any offence committed even if you weren't arrested/cited is fucking terrifying.
 
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