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Supreme Court Immigration Case Depends on Interpretation of Wording

Nielsen v. Preap

The word “when” could have a major impact on a decision facing the U.S. Supreme Court regarding the futures of immigrants in this country. The case hinges on the meaning of the word as it applies to a law that requires mandatory detention for immigrants “when the alien is released” from prison. Immigration proponents argue that mandatory detention only applies immediately after the release from prison and not many years later. Those generally opposed to immigration have interpreted the when to mean at any point after the immigrant has served his or her time and has been released from prison.

One of the First Cases for Kavanaugh

After a contentious and controversial confirmation process, Brett Kavanaugh was confirmed to the Supreme Court on October 6, 2018, and began hearing arguments immediately. One of the first cases on the docket is Nielsen v. Preap, which will determine whether immigrants who have completed their sentences for criminal offenses are exempt from detention by federal officials if they are not detained immediately after their release from prison.

Division Along Conservative and Liberal Lines

While Anthony Kennedy was a moderate force on the Supreme Court, most analysts believe that Kavanaugh will be much more conservative in his rulings. This was borne out by his statements on Nielsen v. Preap and his interpretation of the applicable laws, which he argued were intended to enforce “harshness on this topic.” The four liberal members of the court argued that the “when” of mandatory detention should be within a reasonable amount of time after release from prison. Five conservative justices, however, argued that the time period was not defined and could be as long as necessary after the release of the immigrant at the end of the prison term.

Why You Need a West Palm Beach Immigration Lawyer

Scheduling a consultation with a qualified West Palm Beach immigration lawyer can be a good first step toward protecting yourself and your family in the current political environment. By working with a qualified West Palm Beach immigration lawyer, you can resolve visa issues and give yourself the best chance to remain in the U.S. legally.

The experts at Pozo Goldstein can provide you with the right representation for your situation. We work with immigrants in the West Palm Beach area to ensure the most positive outcomes possible for our clients. Call our offices today at 561-578-4977 to schedule a free in-office consultation with our immigration attorneys. We look forward to the opportunity to serve you.