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Press Release

Supreme Court Decision Changes Standard for Deportation

WASHINGTON, D.C. — The Supreme Court ruled today that merely labeling certain types of crimes as “crimes of violence” is too vague to prompt deportation proceedings.

The 5-4 decision in Dimaya v. Lynch counters earlier changes in immigration law that have led to the deportations of people who committed minor, nonviolent crimes. It means the government will have to show that a crime was violent in order for deportation to result.

“Now, before deporting someone, including a lawful permanent resident, the government will have to prove that a ‘crime of violence’ actually was violent,” said Jacinta Ma, Director of Policy and Advocacy at the National Immigration Forum. “The Supreme Court found that such a determination must be based on facts, not general assertions.

“This is a good step toward addressing problems with our immigration laws, but in the end, we need Congress to pass better laws.”

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