Supreme Court Slams Administration
John Roberts made the unexpected confession on Wednesday as he and his canada goose outlet canada Supreme Court colleagues considered a case that tests some of the circumstances the federal government may use to strip naturalized Americans of citizenship rights.
“Some time ago, outside the statute of limitations, I drove 60 miles an hour in a 55 mile an hour zone,” said Roberts, drawing laughter from those in the courtroom. But the chief didn’t crack a smile. citizenship in a way that is “contrary to law.” The government pressed the argument that any lie on an official form, no matter how small, is goose outlet canada a violation that could trigger the loss of citizenship.
But Roberts and some of the other justices seemed troubled by the implications for a vast swath of Americans. Roberts pointed out that some questions on canada goose uk site naturalization forms are written broadly, so as to catch any little misrepresentation or omission that an overzealous prosecutor may later deem “material false statements” that could mean you should no longer be an American.
One question on the naturalization form, for example, asks citizenship applicants to disclose any and all crimes, offenses or attempts to break the law for which they haven’t been arrested ever.
Zeroing in on the word “offense,” which a legal dictionary says includes even “minor” violations of the law, Roberts suggested that the government could potentially go after those who fail to disclose minor slip ups years earlier.
uk canada goose outlet “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 said. uk canada goose outlet
canada goose black friday sale “Oh, come on,” Roberts retorted. “You’re saying that on this form, you expect everyone to list every time in which they drove over the speed limit, except when they were arrested?” canada goose black friday sale
Justice Stephen Breyer, one of the court’s more liberal members, seemed just as bothered.
“It’s, to me, rather surprising that the government of the United States thinks that Congress is interpreting this statute and wanted it interpreted in a way that would throw into doubt the citizenship of vast percentages of all naturalized citizens,” Breyer said.
canada goose uk black friday You’re arguing for the government of the United States talking about what citizenship is and ought to mean. canada goose uk black friday
Canada Goose Coats On Sale Justice Anthony Kennedy Canada Goose Coats On Sale
canada goose factory sale Justice Elena Kagan added a lighthearted twist to Parker’s argument. canada goose factory sale
“I am a little bit horrified to know that every time I lie about my weight,it has those kinds of consequences,” she said. alongside her husband and kids, was later indicted for lying on her naturalization form. It turns out her husband had served in the Bosnian Serb military during the Bosnian civil war and was implicated in war crimes, but during her asylum interview, she had told immigration officials a different story: that the couple feared persecution because the husband wouldn’t serve in the military.
canada goose clearance sale When Maslenjak applied for citizenship years later, she denied in her application that she answered no when asked if she had ever lied about this and other information for canada goose outlet shop purposes of obtaining an immigration benefit. This, in turn, prompted her prosecution for lying to the government, as well as court proceedings canada goose sale uk to strip her of her citizenship. canada goose clearance sale
“Why isn’t this obviously material?” asked Justice Ruth Bader Ginsburg of Christopher Landau, Maslenjak’s lawyer. “She lied about her husband’s. she said he was canada goose outlet winnipeg address trying to avoid military conscription when, in fact, he was in the service and in the unit that was committing atrocities.”
Lower courts across the country are split on the gravity of the lies that may lead to denaturalization, and the Supreme Court must now determine what the canada goose outlet in usa threshold is. But by and large, a clear majority of the justices wasn’t comfortable with where the federal government wants it to be.
cheap Canada Goose Justice Anthony Kennedy, who has written landmark opinions about how the law bestows dignity on all people, said the administration’s argument “is demeaning the priceless value of citizenship.” cheap Canada Goose
“That’s not what our cases say. That’s not what citizenship means,” Kennedy told Parker. Citizenship and Immigration Services.
“You’re arguing for the government of the United States talking about what citizenship is and ought to mean,” Kennedy added. (Both the Obama and Trump administrations have held the same position in the case, which has been ongoing for several years.)
In the end, it was Roberts, the court’s leader, who saw the severity of the government’s position for what it is: as an opening for prosecutorial overreach.
“If you take canada goose outlet the position that. not answering about the speeding ticket or the nickname is enough to subject that person to denaturalization,” Roberts said, “the government canada goose outlet website legit will have the opportunity to denaturalize anyone they want, because everybody is going to canada goose outlet official have a situation where they didn’t put in something like that or at least most people. And then the government can decide, ‘We are going to denaturalize you for other reasons than what might appear on your naturalization form, or we’re not.’
“And 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.
canada goose coats on sale The Supreme Court may well decide that only egregious, “material” lies count for the purposes of stripping someone’s citizenship a requirement that could stand as a roadblock ogrelarp for tougher immigration measures in the Trump era. canada goose coats on sale
Canada Goose Jackets The case, Maslenjak v. United States, is the last case the Supreme Court heard before the end of the current term. Between now and the end of June, the justices are expected to issue decisions on cases they’ve already considered Canada Goose Jackets.