In immigration enforcement, requiring border officers to have clear and convincing evidence of an offense at the time of reentry may be impractical and could undermine Congress's legislative intent to partially abrogate and expand upon existing immigration laws; a practical alternative involves processing individuals through different pipelines based on whether they have prior convictions, though this approach may miss some cases.
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SCOTUS Oral Argument: Blanche v. Lau #31Added:
unthinkable for Congress to think that the border officer in the moment just with people coming through the line is going to have clear and convincing evidence without doing Injustice Ginsburg's memorial phrase, you know, convening a pie powder court.
>> Well, you would though, wouldn't you?
Cuz you could just check conviction records. And and and that's the way it would work. If somebody has already been convicted, you would be put in one pipeline. If the person had not already been convicted, you would be put in another pipeline. And yes, would that miss some people? Maybe like the respondent here, but you know, close enough for government work.
>> So, I I don't think that's right because it would really undermine Congress's pretty considered choice to partially abrogate and expand upon the and pull back curtail, I should say, the
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