In general, Justice Neil Gorsuch had a solid first term on the high court, with the exception of one very faulty and dangerous immigration decision that likely undermines the benefits of his other good decisions. He joined the four liberals in Sessions v. Dimaya to create due process rights against deportation and nullify a criminal alien statute for the first time in our history, and as a result, one of the many dangerous criminal aliens who was released just critically injured a Colorado police officer.
Karrar Noaman al Khammasi was brought to Colorado Springs as a refugee from Iraq in December 2012, one of over 130,000 we have imported since the Iraq war, equally divided between Sunnis and Shias. Khammasi had an unpleasant way of expressing his gratitude and immediately racked up a lengthy criminal record. He was arrested for drunk driving, trespassing, assault, extortion, and illegally possessing a firearm over the course of four years, according to the Washington Times. He was ordered to be deported in 2016, but thanks to a pair of court rulings from the Tenth and Ninth Circuits, the Obama administration released him with the faint intent of reopening his case someday. He immediately racked up more criminal encounters with the police, including assault and firearms violations, culminating in a shootout with Colorado Springs officers last week. Officer Cem Duzel remains in critical condition after he was shot in the head during the encounter.
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Lowlives like Khammasi should easily be deported after their first charge of assault or burglary, but just this past term, Neil Gorsuch sided with the four liberal justices in upholding the Ninth Circuit’s ruling that “crime of violence” is too unconstitutionally vague to use to deport someone. At the time, I explained that this wasn’t some semantic debate over reading a statute but rather a wholesale creation of due process against deportation and a radical departure from our history of how we treat deportations. Gorsuch and the liberals have now set a precedent to treat deportation as a criminal punishment (subject to real due process) rather than a mere act of sovereignty.
Hundreds of other violent criminals have been set free since the Dimaya decision. Recently, other courts have begun to treat deportations as a criminal punishment even more serious than prison time and have subjected all proceedings to even more robust applications of due process.
Read the rest from Daniel Horowitz
HERE.
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