Immigrants can be held by U.S. immigration officials indefinitely without receiving bond hearings, even if they have permanent legal status or are seeking asylum, the Supreme Court ruled Tuesday.
In a 5-3 ruling Tuesday, with Justice Elena Kagan recusing, the court ruled that immigrants do not have the right to periodic bond hearings.
The ruling is a defeat for immigration advocates, who argued that immigrants should not be held for more than six months at a time without such a hearing.
The Supreme Court ruling follows a Trump administration appeal of a ruling by the 9th Circuit Court of Appeals last year that imposed a rule requiring immigrants held in custody be given a bond hearing every six months, as long as they aren’t considered a flight risk or a danger to national security.
“To impose a rigid six-month rule like the Court of Appeals did is really a mistake,” acting Solicitor General Ian Gershengorn said in November 2016.
In its ruling, the court affirmed the right of the government to detain immigrants while it determines whether they should be allowed in the country.
“Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country,” Justice Samuel Alito wrote in the majority opinion.
The lead plaintiff in the class-action lawsuit, Alejandro Rodriguez, is an immigrant with permanent legal status who was convicted of possession of a controlled substance and joyriding. He was detained by immigration officials for three years without a bond hearing.
The ACLU took up his case, eventually winning his release and the cancellation of his deportation order. The government’s appeal was begun under the Obama administration, and continued after President Trump took office last year.
Yes I see it and you see how ice arrest 143 people more in California and the judge also give him ok to build border wall
WELL u see how them a creep up pon the people dem an a change the law from the books with promise of sorting out DACA, once detained that’s It, mi no got much sense but… is it the whole a merica… jus asking
It just sad how a piece a card determine million a ppl life.. and everyone bawn come see di world deh yah good good.
:2thumbup @Anonymous 4:33, ice arrest of 100 plus people in cali, tex, ariz etc. is routine, actually ice arrest thousands per day nationwide out of the millions and they have been doing so for decades under previous administrations, its just because of this current buffoon if ice drives to a gas station to gas up their vehicle it make national and international news headlines, as for the wall, that federal judge ok’d a stretch of wall in a part of southern California which was approved by congress from 2006, as for the entire southern border? that one gonna have to clear multiple federal judges and possibly the supreme court as there are going to be legal ramifications where it has to do with breaching environmental laws, privately owned lands and native American tribal lands.
@madd supreme court didn’t change any laws on the books as there was no clear cut law(s) before that why it became a issue, before it was at the discretion of federal ins/ice and now the supreme court ruling makes it official and clear cut, also the ruling doesn’t necessarily mean that every immigrant ice apprehend/arrest mean definate detention befor court date, just imagine 9 or so million people being arrested and detained by ice indefinitely, the human rights ramifications? not feasible, also the cost,
@Official Latty the piece of card is just a receipt, the millions of people lives are determined by the 3 branches of the government, most notably the judicial branch, notice I say the judicial branch :2thumbup