The 5-4 vote split the court’s liberal and conservative justices along ideological lines
NEAR the end of his bewildering ordeal in Franz Kafka’s “The Trial”, Josef K. gets some advice from one Titorelli, the court artist. So-called "actual acquittals" are the stuff of legend, Titorelli tells K. More realistic options are “protraction” or “apparent acquittal”—release with a looming possibility of re-arrest and re-trial at an unspecified future point. The follow-up brush with the law could happen years later, as soon as the poor soul arrives home or any time in between.
For Justice Samuel Alito, author of the majority opinion, that reading is “hard to swallow”. Requiring that the “alien must be arrested on the day he walks out of jail”—whether at the prison door or in the parking lot—unreasonably constrains ICE authority. With a granular analysis of the law's disputed adverbial clause and its relationship to “a series of adjectival clauses”, Justice Alito reversed the Ninth Circuit on grammatical grounds, throwing in a number of rhetorical digs.
Capping his 14-page interpretive foray into the 1996 law, Justice Breyer addressed how the phrase “when the alien is released” should be read. The majority’s inclination to permit immigrants to be grabbed at any time in the future is wrong, he wrote, but the Ninth Circuit’s immediacy standard errs, too: when a parent asks a child to “mow the lawn, please, when you get home from school”, that doesn’t necessarily mean at the precise moment the child walks in the door.
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