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September 29, 2011

Supreme Court Agrees to Tackle Major Immigration Topic

The Supreme Court yesterday agreed to hear two cases that deal with the extent to which the U.S. can deport illegal immigrants whose parents are residents of the U.S.
Immigrants who have been in the country consecutively for seven years are authorized by law to seek to block their deportation. The question is whether a parent’s length of residency can be imputed to their children who are brought to the country at a young age.
The two cases, which have been consolidated into a single appeal, have echoes of a topic heavily debated among Republican presidential contenders: whether states should bestow leniency on children who came to the country illegally through no fault of their own.
(Here’s an LA Times article previewing the Supreme Court cases and one from the New York Times. Also click here and here for more background on the cases from SCOTUSblog)
Some courts have blocked deportation orders for illegal immigrants because their parents had gained permanent-residence status and lived in the United States for more than seven years, the LA Times reports, adding that the 9th Circuit has held that a “parent’s status as a lawful permanent resident is imputed” to the “children residing with that parent.”
But the Obama Administration takes the view that the 9th Circuit wrongly decided the case and that immigrants cannot rely on a parent’s residency status as grounds for blocking deportation, according to the L.A. Times.
Lawyers for the two men facing deportation in the Supreme Court cases at issue have cited Congressional policy that favors keeping families intact, the New York Times reports.

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