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		SCOTUS Undermines Domestic Violence Ground of Removability          
              
	Washington, D.C. (April 20, 2018) – A Center for Immigration
Studies analysis of the recent U.S. Supreme Court decision in Sessions
v. Dimaya describes the ruling's implications for removal of aliens
convicted of domestic violence. Without action from Congress to close
this loophole, law enforcement will be unable to remove certain
criminal aliens, threatening the safety of some of the most vulnerable
members of our society.
 SCOTUS ruled that 18 U.S.C. § 16(b), as incorporated into the
aggravated felony definition in section 101(a)(43)(F) of the
Immigration and Nationality Act (INA), was unconstitutionally vague.
The "crime of domestic violence" ground of removability in section
237(a)(2)(E)(i) of the INA relies on 18 U.S.C. § 16 in defining the
elements of that ground of removability. Under the Supreme Court's
decision, a heretofore removable domestic violence offense may no
longer render the alien removable from the United States, if the
ground of removal relies upon the so- called "residual clause" in 18
U.S.C. § 16(b).
 View the entire article at:
https://cis.org/Arthur/SCOTUS-Undermines-Domestic-Violence-Ground-Removability
 Andrew Arthur, the Center's Resident Fellow in Law and Policy,
writes, "It is not clear how many of the offenses that would be, or
would have been, included in the domestic violence ground of
removability are affected by this decision. Given the serious effect
of those offenses on not only the victim, but also the victim's
friends, family, and society, and the role that removal would play in
shielding those individuals from such offender, it is incumbent upon
Congress to act to protect a particularly vulnerable population of
victims."
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       Further Reading: 
https://cis.org/Arthur/SCOTUS-Deems-Crime-Violence-Provision-Unconstitutionally-Vague
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