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What’s your opinion about this?

by UggBoy♥UggGirl [ PHOTO : WORLD : SENSE ]

Question by Princess Pickman: What’s your opinion about this?
Texas case is one of two being used to define how far punishments of immigrants can go
By PATTY REINERT
Copyright 2006 Houston Chronicle Washington Bureau

WASHINGTON – Possession of a small amount of cocaine is a misdemeanor under federal law. But in Texas, the crime is a felony — serious enough that it helped send Reymundo Toledo-Flores to prison for two years before he was deported to Mexico.

On Tuesday, the first day of arguments in the U.S. Supreme Court’s 2006-07 term, the justices will consider Toledo-Flores’ criminal case, along with that of a fellow Mexican national deported after a similar drug conviction in South Dakota. The issue before the court is whether the federal or the state view of the immigrants’ crimes should be used to decide their prison sentences and the terms of their deportation proceedings.

To decide, the justices will need to clarify a federal immigration law that once was aimed at ridding the country of foreigners convicted of crimes such as rape and murder but increasingly is being used by immigration authorities to deport those charged with relatively minor offenses, including drug possession and shoplifting.

“The idea was that when immigrants commit really serious crimes, we didn’t want them in the country,” said Magali Candler, a Houston lawyer who chairs the regional chapter of the American Immigration Lawyers Association. “But over the years, the immigration laws have been amended repeatedly and now they are written so broadly that an immigrant who commits a minor crime, even if they never served a day in jail, can be deported.”

Court records show that Toledo-Flores has repeatedly entered the United States illegally. He was deported last spring after serving his two-year sentence for felony illegal re-entry — a prison term that was lengthened because of his previous conviction in Harris County for possessing less than a gram of cocaine.

His lawyers are challenging his enhanced sentence before the Supreme Court, saying that because the drug possession charge would not be a felony under federal law, it should not have been used to increase Toledo-Flores’ sentence on the re-entry conviction. If he wins, Toledo-Flores would gain nothing, but his case could help other immigrants charged with similar crimes fight their sentences and deportations.

The Lopez case

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