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Supreme Court rules immigrants can be detained indefinitely
The Hill ^ | February 27, 2018 | John Bowden

Posted on 02/27/2018 11:01:58 AM PST by jazusamo

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,” Solicitor General Ian Gershengorn said in November.

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.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 9thcircuit; aclu; alien; aliens; bond; detention; illegalaliens; illegals; immigrants; refugees; scotus
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More winning! And the 9th Circus is overturned again.
1 posted on 02/27/2018 11:01:58 AM PST by jazusamo
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To: jazusamo

I’m amazed Kagan had the decency to recuse herself.


2 posted on 02/27/2018 11:03:18 AM PST by Buckeye McFrog
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To: Buckeye McFrog

Yep, so am I.


3 posted on 02/27/2018 11:06:08 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Three squares and a cot on the taxpayers indefinitely. How about deporting them asap.


4 posted on 02/27/2018 11:08:43 AM PST by bgill (CDC site, "We don't know how people are infected with Ebola.")
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To: bgill

And making sure they don’t sneak back in.


5 posted on 02/27/2018 11:13:02 AM PST by EdnaMode
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To: bgill

Agreed, I was thinking if it takes 6 months or more to decide they should just be deported.


6 posted on 02/27/2018 11:13:47 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: Buckeye McFrog

“I’m amazed Kagan had the decency to recuse herself.”

She was cooking a brisket with Madeline Albright!


7 posted on 02/27/2018 11:14:18 AM PST by vette6387
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To: bgill

It won’t be indefinitely, hopefully. If they can be detained until their hearings, they won’t be able to skip out on their hearings.


8 posted on 02/27/2018 11:14:21 AM PST by grania (Deplorable and Proud of It!)
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To: jazusamo

Libs get bitch slapped again. There are continuing rumors that Kennedy will retire soon. Then we take a hammer to so many liberal rulings for the next 30 years!!!


9 posted on 02/27/2018 11:16:38 AM PST by raiderboy ( "...if we have to close down our government, we’re building that wall" DJT)
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MAGA!

Support Free Republic, Folks!

Please bump the Freepathon or click above to donate or become a monthly donor!

10 posted on 02/27/2018 11:23:53 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: bgill

Probably cheaper to give them 3 hots and a cot than to let them roam free and get more freebies. Build the wall, open tent-cities.


11 posted on 02/27/2018 11:24:16 AM PST by umgud
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To: jazusamo

Illegal immigrant advocates celebrated yesterday on the DACA non ruling had it cut short today. Very good news!


12 posted on 02/27/2018 11:28:37 AM PST by Midwesterner53
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To: jazusamo

I don’t think the article reflects the decision. I just skimmed it, but the decision seems to refer to aliens and noncitizens, not to immigrants per se which would include immigrants who have become citizens.


13 posted on 02/27/2018 11:48:14 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: KrisKrinkle

No, I doesn’t include naturalized citizens


14 posted on 02/27/2018 11:54:51 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo

This is a clear shot across the Bow of the Case the USSC just yesterday said must be run thru the Appeals court first.

Note to the ACLU and LaRaza...... UP YOURS!


15 posted on 02/27/2018 12:10:21 PM PST by VRWCarea51 (The Original 1998 Version)
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To: bgill

“Three squares and a cot on the taxpayers indefinitely. How about deporting them asap.”

Until today it was “give them a bond hearing or release them back into US cities.” The system is so backed up that often they couldn’t get a bond hearing in time so they were simply released where they’d disappear and not show up for the hearing.


16 posted on 02/27/2018 12:14:10 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: grania

Looks like we need a “Wall” to keep them all in detainment.

I say we start along the Rio Grande


17 posted on 02/27/2018 12:15:37 PM PST by VRWCarea51 (The Original 1998 Version)
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To: Spktyr
The Era of Catch and Release is OVER!

KA BOOM!

18 posted on 02/27/2018 12:17:23 PM PST by VRWCarea51 (The Original 1998 Version)
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To: umgud

I would be a waste of our taxpayer pesos to put each one on a flight back to Mexico so we hold them until there’s enough to fill a motorcoach. Or dryvan trailer. Or ten 20 foot containers on a bulk carrier.


19 posted on 02/27/2018 12:17:51 PM PST by VietVet876
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To: VietVet876

I’d offer them Work Release to Build A WALL!

HAHAHAHA That would send the Mexican Presidente into Orbit.

I suspect he is trying to call the White House about now wanting to have a visit about how he can “help”... LOL


20 posted on 02/27/2018 12:22:14 PM PST by VRWCarea51 (The Original 1998 Version)
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