The U.S. Supreme Court ruled Tuesday that immigrants, even those with permanent legal status and asylum seekers, do not have the right to periodic bond hearings.Attention DREAMERS , that tourist visa you are on could give some problems....
It's a profound loss for those immigrants appealing what are sometimes indefinite detentions by the government. Many are held for long periods of time — on average, 13 months — after being picked up for things as minor as joyriding. Some are held even longer.
The case, Jennings v. Rodriguez, has implications for legal permanent residents whom the government wants to deport because they committed crimes and asylum seekers who are awaiting a court date after turning themselves in at the border. Immigrant advocates contend that many of these immigrants have a right to be free on bail until their case is heard.
But the court wrote in its 5-3 opinion Tuesday, "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."
No one can claim, nor since the time of slavery has anyone to my knowledge successfully claimed, that persons held within the United States are totally without constitutional protection.
Justice Stephen Breyer, reading from his dissent in the case Jennings v. Rodriguez
The majority opinion was penned by Justice Samuel Alito and joined by the court's conservatives. (Justice Elena Kagan did not participate. She recused herself, stemming from work she had done as President Barack Obama's solicitor general.)
The decision reversed a Ninth Circuit ruling, and the court remanded it for the Ninth to reconsider the case. So this is not the last word and could come back to the high court.
Tuesday, February 27, 2018
Supreme Court Ruling Means Even Legal Immigrants Could Continue To Be Detained Indefinitely
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