Court: Children over 21 go to back of visa line

[DonViejo]

Source: ASSOCIATED PRESS

WASHINGTON (AP) — The Supreme Court says immigrant children who waited for years with their parents to obtain visas still have to go to the back of the line when they turn 21.

The justices on Monday sided with the Obama administration in ruling that immigration laws do not let children who age out of the system qualify for visas.

The case involved Rosalina Cuellar de Osorio, a Salvadoran immigrant who was in line for a visa along with her 13-year-old son. But after years of waiting, her son turned 21 and government officials said he no longer qualified as an eligible child. He was placed at the back of the line, resulting in a wait of several more years.

The family lost a challenge in federal district court, but the 9th U.S. Circuit Court of Appeals reversed that decision.

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Read more: http://www.salon.com/2014/06/09/court_children_over_21_go_to_back_of_visa_line/

[yeoman6987]

1. Obama administration?

[QuestForSense]

2. They appealed the Ninth Circuit ruling reversing.

[KamaAina]

9. I believe the question is

would the Obama administration do that?!

[QuestForSense]

11. Well, the simple answer is they did it.

I have to tell you, I disagree with them on this. It seems as heartless as hell to me.

The Obama administration argued that the Board of Immigration Appeals made a 'reasonable' interpretation of what the Court called 'ambiguous language' in the immigration application rules. Whenever the language has been ambiguous, courts have deferred to the agency's interpretation. A 5-4 majority agreed with the Obama administration, although they gave at least five different interpretations of the federal law at issue.

Interestingly, several current and former members of Congress opposed the administration's interpretation of the rules. Dems. Feinstein and Menendez, along with Repugs. McCain and Hatch, were among 26 lawmakers who said the 2002 law they promoted would preserve family ties and not unfairly punish children who waited patiently for a visa. Apparently, the Obama administration disagrees.

Another excellent example why reform of the immigration rules is needed badly.

[msanthrope]

3. The name of the case???? A link???? nt

[alp227]

7. I know you found it already, but for the purpose of disclosure and search results,

it is Scialabba v. de Osorio.

[msanthrope]

4. Fairly complex plurality ruling with Sotomayor, Thomas, and Breyer dissenting.

http://www.supremecourt.gov/opinions/13pdf/12-930_3d46.pdf

[sharp_stick]

5. I'd like to know

how often you'd see Thomas voting with Sotomayor?

[msanthrope]

6. Gives one pause, doesn't it? nt

[KamaAina]

10. Or against Scalia, for that matter.

[KamaAina]

12. Alito also dissenting.

[alp227]

8. I wonder how this affects the case of Sergio Garcia,

an immigrant whose green card application got held up for over 15 years. He came from Mexico to the US as a toddler, left after a few years, and returned as a high school senior. After he passed the bar exam, California issued him a law license, despite federal opposition. Looks like he has to re-apply for residency.