Supreme Court prohibits ICE from “cheating” immigrants on deportation order.

The Supreme Court prohibits immigrants in deportation proceedings from receiving information separately from the Department of Homeland Security ( DHS ) that prevents them from seeking a legal solution to their case and, depending on the situation, up to some relief for their stay in the States. United.

Judge Neil Gorsuch's opinion states that immigrants with removal orders can seek “discretionary relief” if they can show that they have been in the United States for 10 continuous years.

However, the Immigration and Customs Enforcement ( ICE ) office sends separate notifications to immigrants, which restricts their legal options to defend themselves, accusing that "the clock" of the stay of non-citizens stops when they receive "The set" of notifications.

The Highest Court ruled out that this was the case and prohibits the sending of separate notifications about a person's deportation proceedings.

"A notice that omits any part of this information required by law does not activate the rule of detention time," says Judge Gorsuch whose opinion was supported by six other judges, but rejected by Brett Kavanaugh - appointed by former President Donald Trump - and Samuel Alito .

The case reviewed was that of Agusto Niz-Chávez , to whom the authorities notified the charges against him, two months after the date and place of his hearing in immigration court. The authorities argued that this stopped "the clock" of the immigrant's stay in the country.

"The government ordered the removal of petitioner Agusto Niz-Chávez and sent him a document with the charges against him," says the opinion. “Two months later, he sent a second document, providing Mr. Niz-Chávez with the time and place of his hearing. The government maintains that because the two documents collectively specified all the information required by law for 'a notice to appear,' Mr. Niz-Chávez's continued presence in the country stopped when the second document was delivered to him . "

The judges are based on the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which requires the federal government, that is, its immigration authorities, to issue "a single notice" containing all the information related to A case.

“Two related provisions, §§1229 (e) (1) and 1229a (b) (7), use a definite article with a singular noun ('the notice') when referring to the government indictment document, a combination that again suggests a discretionary document, "he says. "Another provision, §1229 (a) (2) (A), requires 'written notice' when the government wishes to change the hearing date of an alien."