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.
I’m amazed Kagan had the decency to recuse herself.
Yep, so am I.
Three squares and a cot on the taxpayers indefinitely. How about deporting them asap.
And making sure they don’t sneak back in.
Agreed, I was thinking if it takes 6 months or more to decide they should just be deported.
“Im amazed Kagan had the decency to recuse herself.”
She was cooking a brisket with Madeline Albright!
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.
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!!!
Support Free Republic, Folks!
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.
Illegal immigrant advocates celebrated yesterday on the DACA non ruling had it cut short today. Very good news!
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.
No, I doesn’t include naturalized citizens
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!
“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.
Looks like we need a “Wall” to keep them all in detainment.
I say we start along the Rio Grande
KA BOOM!
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.
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
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