‘Once again, proponents of amnesty and no borders ask us to ignore reality…’
(Lionel Parrott, Liberty Headlines) Illegal aliens who commit crimes that lead to a year’s imprisonment are technically deportable.
But a recent decision by the federal Board of Immigration Appeals may make it easier for them to remain in the country—much easier.
The practice of rendering deportable criminal aliens non-deportable often comes about through state court action. After they are sentenced, the aliens request that their one-year prison sentence be reduced to less than one year, allowing them to argue before immigration judges that they have no longer, technically, committed aggravated felonies.
The BIA recently ruled that immigration judges must honor these sentence reductions, meaning the aliens in question are no longer subject to removal, despite having actually committed aggravated felonies.
In IRLI’s brief, they argue the intent of the Immigration and Nationality Act passed by Congress specifically precludes this judicial amnesty.
Not only that, they say giving deference to state courts is an improper usurpation of the federal government’s constitutional role in determining who should be allowed in the country.
Dale Wilcox, the executive director and general counsel of IRLI, says advocates of open borders are continuing to play legal games—even if that lets violent criminals off the hook and allows them to repeat their crimes.
“Once again, proponents of amnesty and no borders ask us to ignore reality,” he said in a statement. “This time, they even claim that judges in state courts can change the past from the bench … [F]or the sake of public safety, we hope the Attorney General enforces the INA as written and ends this interference with Congress’s express will—which is to deport aggravated alien felons so they cannot victimize Americans again.”