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SCOTUS: Illegal immigrant avoids deportation thanks to a technicality

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The Supreme Court ruled against the deportation of a Guatemalan man because the government failed to notify him of his legal hearing in a single notice.

According to federal law, even an illegal immigrant can avoid deportation if they stay in the country for 10 years. However, if at anytime within those 10 years he or she receives “a notice to appear” at an immigration hearing, the jig is up. Once the notice is received the person must endure the hearing or face deportation. Some endure the hearing and still face deportation. But not Guatemala-born Agusto Niz-Chavez.

Niz-Chavez lucked out because he received several notices that all had different pieces of information. The Court ruled that because the law calls for “a notice” the government broke the law and could not deport him.

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Chavez’s ruling came down to 6-3. Liberal Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer, as well as conservatives Neil Gorsuch, Amy Coney Barrett and Clarence Thomas were the 6 in favor. Opposing judges included Justice Brett Kavanaugh, Chief Justice John Roberts and Justice Samuel Alito.

Justice Gorsuch, who wrote the assenting opinion, recognized that the Court played with semantics. “”At one level, today’s dispute may seem semantic, focused on a single word, a small one at that,” wrote Gorsuch. “But words are how the law constrains power. In this case, the law’s terms ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him.”

RELATED: Sara Carter: The border crisis is ‘astounding’

However, Justice Kavanaugh did not agree about the power of a single word. “I find the Court’s conclusion rather perplexing as a matter of statutory interpretation and common sense,” Kavanaugh wrote.

Read more here.

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Immigration

IG Audit shows nonprofit wasted $17 million taxpayer dollars on hotels to not house illegal foreign nationals

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An audit report by the Inspector General shows enraging information as to exactly how millions of dollars from the American people were completely wasted.

One doesn’t need to read past the IG report’s headline to become furious: “ICE Spent Funds on Unused Beds, Missed COVID-19 Protocols and Detention Standards while Housing Migrant Families in Hotels.”

In summary, an unbelievable $17 million was wasted on not housing illegal foreign nationals. At the heart of the story is Endeavors, a nonprofit which has received half a billion dollars in taxpayer money “through no-bid government contracts to house foreign nationals who illegally entered the U.S. and were released by the Biden administration instead of being deported” reports The Center Square.

The audit evaluated the process used by U.S. Immigration and Customs Enforcement (ICE) to grant no bid contracts to Endeavors and their compliance with federal law, the article explains.

The report evaluated an $86.9 million sole source contract first awarded to Endeavors earlier this year. The contract was awarded for six months to provide “temporary shelter and processing services for families who have not been expelled and are therefore placed in immigration proceedings for their removal from the United States,” The Center Square previously reported.

Months after it received its first no bid contract, Endeavors received a second $530 million contract and hired former Biden administration official Andrew Lorenzen-Straight as its senior director for migrant services and federal affairs, Axios reported.

The Center Square explains:

Sole source contracts are used when an agency can demonstrate the contract meets specific and justified criteria. If contracts don’t meet one of the criteria, they must be awarded through an open competitive process.

Endeavors has no professional history of providing housing services and has never provided beds or all-inclusive emergency family residential services, OIG auditors found. Those critical of DHS’ contract process argue the agency should be awarding contracts through an open competitive process to ensure that those bidding for funds can offer the services they claim they can provide.

Under the contract in question, for six months between March and September 2021, Endeavors was responsible for providing 1,239 beds and other necessary services in hotels. It used six hotels and repurposed them as Emergency Family Reception Sites to accommodate families staying less than three days while ICE considered conditions of release, including alternatives to detention.

The IOG made four recommendations for ICE to improve its contracting and oversight of hotel facility management and operations. “ICE concurred with one recommendation and didn’t concur with three. Based on information ICE provided in its response, the IOG said it considered one recommendation resolved and closed, and three recommendations administratively closed.”

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