But More on Fernandez-Vargas

For more on Fernandez-Vargas decision from a statutory interpretation and retroactivity analysis question, click here to link to SCOTUSblog.

Jennifer Chacon’s comments are right on point about the Supreme Court’s analysis. The Court seems oblivious to some basic immigration realities in its decisions and willing to punish a hapless immigrant trying to do what’s right but who is caught in a legal maze that is constantly shifting. In addition, the Court again is unwilling to disturb what it views as Congress’s will, whatever the impact on the immigrant. The decision confirms once again that Congress, not the Judiciary, is the most likely institution to protect immigrants’ rights. That is precisely why the immigration protests in the spring and the immigration reform bill pending in Congress are so important.

The good news about Fernandez-Vargas is that its just a footnote to a long history of decisions in which the Court defers to the political branches of government on immigration matters.  It breaks no really new ground and, at least in my estimation, is unlikely to have much of a direct precedential impact.

KJ