The U.S. Supreme Court ruled Thursday against an undocumented immigrant who challenged his removal from the nation after his conviction in Nebraska for using a fake identity for employment.
The 5-3 ruling declared the crime made Clemente Pereida fit for deportation. Pereida has lived in the U.S. for 25 years. The SCOTUS Blog writes,
He and his wife have three children, one of whom is a U.S. citizen and another of whom is a recipient of the Deferred Action for Childhood Arrivals program, known as DACA. In order to obtain employment at a cleaning company, Pereida allegedly presented a false Social Security card. He was subsequently convicted of a misdemeanor for attempting to commit the Nebraska crime labeled “criminal impersonation.” Pereida was sentenced to a fine of $100 and no jail time.
Pereida’s case involved the use of a fraudulent social security card to secure a job. The Court’s five conservative judges ruled against Pereida.
The Court’s newest Justice, Amy Coney Barrett, did not rule in the case. She had not been seated when the case began in October 2020.
Justice Neil Gorsuch wrote on behalf of the majority. He stated federal immigration law “includes proving they do not stand convicted of a disqualifying criminal offense.”
Justice Stephen Breyer wrote in his dissent that the court instead should have ruled on behalf of Pereida because he was convicted under a law including serious offenses. “The relevant documents in this case do not show that the previous conviction at issue necessarily was for a crime involving moral turpitude,” Breyer wrote.
The conservative-led Supreme Court’s actions resulted in a decision immigration experts will continue to monitor. Immigrants convicted of criminal acts may face more serious consequences in future cases.
The case takes place during a time when President Biden has rolled back many Trump-era immigration policies. The battle for the border will continue, but the Court has clearly indicated immigrants must be responsible for actions while in the country.