Obstruction of Justice and Deportation

The U.S. Supreme Court this morning decided the “crimigration” case of Pugin v. Garland, No. 22-23. Among the many crimes that aliens can be deported for committing are offenses “relating to the obstruction of justice.” Does that term require that an investigation be pending, or can it include dissuading a witness from even reporting a crime?

The Fourth and Ninth Circuits went opposite ways on this question, and the Supreme Court took up both cases to resolve it.

The high court itself divided 6-3, with the majority endorsing the broader interpretation. Justice Kavanaugh wrote the opinion of the Court, joined by Chief Justice Roberts and Justices Thomas, Alito, Barrett, and Jackson. Justice Sotomayor dissented, joined by Justices Gorsuch and by Justice Kagan in part. Justice Kagan did not join the “rule of lenity” portion of the dissent.

In my view, this is a win for law-abiding immigrants. Criminal gangs within immigrant communities often prey on their own people, and witness intimidation is a key element of maintaining a criminal organization. The more such thugs are removed from immigrant communities the better for the good people.