The Supreme Court gave a win to the DOJ and conservatives this Thursday, ruling that illegals have the burden of proof when coming up against deportation.
The ruling ended with a 5-3 vote and was led by conservative Justice Neil Gorsuch and said that Clemente Pereida, who is a Mexican citizen, has to prove his eligibility under immigration law before staying in the country.
Under current immigration law, “nonpermanent aliens wanting to cancel a deportation order must prove they are not criminals,” Gorsuch said.
Immigrants who have previous criminal convictions and are being deported can ask officials to let them stay in the country if they have not committed a felony crime among other requirements.
While his deportation process was pending, Pereida was charged in the state of Nebraska for using a fake SS card and was convicted under an impersonation law, according to court documents.
The judge found the law that Pereida was convicted under actually encompassed several crimes— including operating a business without a license — according to the ruling.
These findings led the Supreme Court to stop Pereida from canceling his deportation.