Thursday, October 5, 2017

New Session of Sessions v. Dimaya

People wait in front of the Supreme Court for the Sessions v. Dimaya case.
Links to articles:
http://www.latimes.com/politics/la-na-supreme-court-deport-burglars-20170117-story.html
http://www.washingtontimes.com/news/2017/oct/2/supreme-court-begins-new-session-with-james-garcia/
http://www.latimes.com/opinion/editorials/la-ed-scotus-immigrants-20171005-story.html
http://www.scotusblog.com/case-files/cases/lynch-v-dimaya/
https://www.oyez.org/cases/2017/15-1498

Earlier this year, native Filipino James Garcia Dimaya was caught for two different accounts of burglary, and his actions had potential to have him deported. By law, non citizens charged with “aggravated felonies” are subject to deportation, and Dimaya, a permanent resident, was subject to this law. While unclear, “aggravated felonies” was expanded to incorporate any “crimes of violence,” and it was uncertain whether the home burglaries could potentially result in any physical violence.

Splits in lower courts prompted this issue to move to higher courts, and in January, this case was taken to the Supreme Court, but due to the presence of only eight justices, the case was deadlocked. With the addition of Justice Gorsuch, however, the Supreme Court decided to reopen the Sessions v. Dimaya case this Monday. With a new Justice on the panel and a rehearing, the court seeks to solidify a decision and set precedent for future immigration and deportation cases.

I feel that Dimaya, a native of the country and a permanent resident, should be treated more like a citizen and the potential for deportation should be lessened. Immigrants should receive fair treatment from the law and the vagueness of the law should not leave one subject to any punishment they don’t deserve. Furthermore, while his burglaries are actions that require punishment, the potential physical threat is low, and should therefore not be treated as an “aggravated felony.”

What do you think about this? Should Dimaya be subject to deportation or not? Why?

4 comments:

Anonymous said...

I think that Dimaya should not be deported for his actions. While he should be punished, his crimes had no mention of violence. I agree that immigrants should not be at a disadvantage due to the vagueness of the law, and that they should be seen and treated like citizens. Dimaya does not deserve to be deported, however he should be punished as he did commit a crime.

Anonymous said...

I also believe that Dimaya should receive fair treatment as well. In a way, I can relate to his status as I was once a permanent resident here after moving from Philippines, and although my family and I never got into any trouble with the law before becoming citizens, we were treated as if we were citizens and I think Dimaya should receive the same kind of treatment as well. I believe that as long as one is in this country, whether they are a citizen or permanent resident or whatnot, they should still be treated equally under constitutional terms. I don't think that Dimaya should receive deportation as a punishment, since there was a reason that he came to this country, such as living with his family here or maybe fulfilling the American Dream, other than possibly being a criminal. In that case, prison time should be enough to punish Dimaya.

Anonymous said...

I believe that Dimaya should be punished for his actions. His actions did not include physical violence so I don't think he should be subject to deportation. However, I understand where the government is coming from when they want violent crimes to be punished by being deported; because as an immigrant myself, I don't understand why someone would commit crimes when they are so warmly welcomed in this country. Although, I do believe that as a permanent resident he should be treated more as a citizen, and be punished like a citizen would be punished.

Anonymous said...

I agree that Dimaya shouldn't be subjected to deportation, but rather be punished just as any other American who commits burglaries would be punished. Although he is an immigrant, he is a permanent resident and citizen of the country, meaning he shouldn't be treated as an illegal immigrant. Rather, he should be punished appropriately and given the proper consequences for his actions.