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Illegal Immigrant Deportation Issues
When an illegal immigrant is arrested and imprisoned for a crime committed in the United States, what happens to that immigrant when his time in prison has been served but his home country will not take him back? This paper reviews and critiques that question.
Zadvydas v. Davis
In order to fully expose the legal problem in this case the 2001 U.S. Supreme Court decision, Zadvydas v. Davis needs to be explained. The High Court ruled that Kestutis Zadvydas had served his time but because his home country, Cambodia, has no repatriation treaty with the U.S., Zadvydas he had remained in custody beyond what the legal statute allows. U.S. law allows that once prison time is served there is then a 90 day period after which the immigrant prisoner must be "removed" from incarceration. The High Court ruled that the Constitution is violated when a prisoner is held past the removal period. Hence, according to the Court, the (90-day) statute "…limits an alien's post-removal-period detention to a period reasonably necessary to bring about that alien's removal from the United...
The bottom line for the High Court in this matter: the law "…does not permit indefinite detention" (Chicago-Kent College of Law).
That having been pointed out, there were several horrific crimes committed by illegal immigrants that had served their time and were subsequently -- thanks to the Supreme Court ruling -- released. For example Binh Thai Luc, 35, was imprisoned for robbery and had served 8 years. But when the U.S. tried to deport him Vietnam would not take him back. So he was released in 2006 (based on Zadvydas v. Davis) but in 2012 he was charged with "…slaughtering a house full of people" in San Francisco, specifically a couple in their 60s, their two grown children and the girlfriend of their son (Fagan, 2012).
Luc isn't the only example of an illegal immigrant turned loose who then commits a horrific crime. But this case spurred politicians into legislative action. Texas Republican Congressman Lamar Smith has authored legislation to basically remove the High Court's…
Works Cited
Chicago-Kent College of Law. (2009). Zadvydas v. Davis / Facts of the Case. Retrieved October
2, 2012, from http://www.oyez.org/cases/2000-2009/2000/2000_99_7791/.
Fagan, Kevin. (2012). S.F. suspect not along in dogging deportation. San Francisco Chronicle.
Retrieved October 3, 2012, from http://www.sfgate.com.
Feere, Jon. (2011). Reining in Zadvydas v. Davis. Center for Immigration Studies. Retrieved October 3, 2012, from http://www.cis.org.
2, 2012, from http://poe.house.gov.
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