Supreme Court Seem Sympathetic for Mexican Immigrant Facing Deportation
Feb 28, 2017 11:04 AM EST
In a recent case involving a Mexican immigrant, the Supreme Court seems to be Sympathetic for the guy facing deportation. Juan Esquivel Quintana was convicted for having consensual sex with an underage girl. Juan is a lawful permanent resident and has been convicted for having sex with his 16 year old girlfriend when he was 20 and 21 years old.
According to the California law, it is a crime for having sex with anyone under the age of 18 if the age difference is more than three years. Though the laws of 43 others states are less strict, Juan stated that his conduct would have been legal under federal law, Saloon reported.
As Federal Officers later moved to deport him, the case appeared at the time when President Donald Trump's administration stepped up enforcement of the nation's immigration laws. This included the capability to deport people who commit crimes.
Many justices have been reluctant during arguments in the case to defer to the government, especially when it arrives to criminal enforcement. The Supreme Court did seem to be sympathetic for the Mexican immigrant, as Justice Kagan stated that it did not seem right to flesh out immigration law by using the strict state law, CBS News reported.
On the other hand, Justice Anthony Kennedy said courts defer to federal agencies to understand the laws they enforce, but that is also questioned if it extends to criminal laws. Juan moved into the United States with his family when he was 12 years old after, which he became a lawful permanent resident. He also pleaded no contest to the charges in California and was sentenced to 90 days in jail.
The Federal Government began deportation proceedings when he moved to Michigan. Juan's lawyer states that it is unfair to punish him of actions that is legal in most parts of the county.