As widely reported, the petition to the White House to deport pop-singer Justin Bieber, which garnered over 273,00 signatures, recently received an official response. The Administration said, in relevant part, that:
The We the People terms of participation state that, “to avoid the appearance of improper influence, the White House may decline to address certain procurement, law enforcement, adjudicatory, or similar matters properly within the jurisdiction of federal departments or agencies, federal courts, or state and local government in its response to a petition.
According to the Washington Post article on the topic by Helena Andrews, the bottom line here is that “the buck has officially been passed.”
No, the buck has not been passed. The buck was never with the White House in the first place. There is simply nothing in U.S. immigration law that allows the White House (or any other law enforcement authority for that matter), to deport a non-citizen simply because that person “is . . . a terrible influence on our nations [sic.] youth” and the “people” of the U.S. “would like to remove [him] from our society.”
Before the U.S. deports someone, that person has to have done something that matches one of the grounds of deportability set out in the Immigration and Nationality Act. Just a little something called the “rule of law” in our democracy.
And the White House itself wouldn’t be the one to initiate the removal proceedings — that’s the job of the Department of Homeland Security. DHS is, to be sure, an Executive Branch agency — but again, the White House’s basic policy is to not go meddling in the jurisdiction of such departments merely because a tiny portion of the U.S. population put their names on a petition.
That’s not to say that Bieber’s recent antics and run-ins with the police and U.S. border officials haven’t skated dangerously close to making him deportable. (For more on that, see my earlier blogs, “Justin Bieber: “Stuck in the Moment” of a Pending Removal Proceeding,” “Oh, and Justin Bieber’s Alleged Assault on a Limo Driver Probably Won’t Get Him Deported, Either,” and “The Justin Bieber Immigration Chronicles, Continued.”)
But if non-Beliebers feel that Justin should be deported for those actions, then putting pressure on Congress to make the immigration laws even harsher than they already are would be the appropriate route. The idea that a petition to the White House could result in someone’s deportation, however, without reference to the legal grounds for it, is just plain scary.