Justices Weigh Immigration Law With ‘Harsh Consequences’

The US Supreme Court agreed to take up a pair of immigration cases advocates say are necessary to rein in the sweeping reach of laws that have harsh and permanent consequences.

The petitions granted Friday ask the court to decide what counts as an “aggravated felony,” which mandates deportation for immigrants regardless of how long they’d been in the US. In one of the newly granted cases, Pugin v. Garland, a lawful permanent resident was ordered deported even though he’d been in the country since 1985.

Lawyers for those subject to harsh consequences said the law should be read narrowly.

But circuit courts are split on how broadly to read the provision that categorizes “obstruction of justice” as an “aggravated felony.” That’s true for crimes related to witness tampering and accessory after the fact—two crimes the US told the justices recur frequently.

The Biden administration joined immigrant petitioners in urging the justices to resolve the issue.

The cases are Pugin v. Garland, U.S., No. 22-23 and Garland v. Cordero-Garcia, U.S., No. 22-331.