Supreme Court Adopts Trump Policy In Case of Illegal Immigrant Detentions

March 19, 2019 by Tom Ramstack
The Supreme Court of the United States in Washington, D.C., on September 25, 2018. (Olivier Douliery/Abaca Press/TNS)

WASHINGTON — The U.S. Supreme Court ruled Tuesday that certain immigrants with previous criminal records can be detained without a right to bail.

The 5-4 ruling is a significant victory for the Trump administration’s hard-line immigration policies but one that is outraging civil rights advocates.

The decision in a lawsuit turned on an interpretation of the detention provision in the Illegal Immigration Reform and Immigrant Responsibility Act. The provision says noncitizens must be arrested “when [they are] released” from police custody on criminal charges and detained without rights to bail until their deportation proceedings conclude.

A lower court ruled the mandatory detention provision applies only when noncitizens are arrested immediately after being released from custody.

“Because Congress’s use of the word ‘when’ conveys immediacy, we conclude that the immigration detention must occur promptly upon the aliens’ release from criminal custody,” says the opinion from the Ninth Circuit in San Francisco.

The Supreme Court reversed the decision, saying immigrants could be arrested and held without a bond if they committed crimes, including minor ones, no matter how long ago they were released from criminal custody.

“The ‘when … released’ clause could not possibly describe aliens in that sense,” said Justice Samuel A. Alito, Jr., writing for the majority. “It plays no role in identifying for [Customs officials] which aliens [they] must immediately arrest. If it did, the directive in [the provision] would be nonsense.”

The ruling said a possible long delay in arresting the illegal immigrants was irrelevant.

“An official’s crucial duties are better carried out late than never,” the ruling said.

Alito acknowledged that some individual immigrants might have rights to challenge their detentions on constitutional due process grounds.

In a dissent Justice Stephen Breyer said the majority opinion violated basic American values.

Breyer wrote the opinion “runs the gravest risk of depriving those whom the government has detained of one of the oldest and most important of our constitutionally guaranteed freedoms.”

Tuesday’s ruling was far from the first time that a majority on the Supreme Court endorsed the Trump administration’s policies on immigration. Last year, the Supreme Court supported the president’s travel ban on visitors from several Muslim-majority nations.

The plaintiffs in the Nielsen v. Preap ruling announced Tuesday included two legal U.S. residents, a Cambodian immigrant convicted of marijuana possession and a Palestinian immigrant convicted of attempting to manufacture a controlled substance.

One of their attorneys was Cecillia Wang, deputy legal director of the American Civil Liberties Union.

“For two terms in a row now, the Supreme Court has endorsed the most extreme interpretation of immigration detention statutes, allowing mass incarceration of people without any hearing, simply because they are defending themselves against a deportation charge,” Wang said in a statement. “We will continue to fight the gross overuse of detention in the immigration system.”

Immigration

September 29, 2021
by Dan McCue
New Rule Proposed to Strengthen DACA Protections

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred... Read More

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred Action for Childhood Arrivals program and protect undocumented people in the program from legal challenges. The Deferred Action for Childhood Arrivals program, more commonly known as... Read More

US Special Envoy to Haiti Resigns Over Migrant Expulsions

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked... Read More

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked by civil strife and natural disaster, U.S. officials said Thursday. Daniel Foote was appointed to the position only in July, following the assassination of Haiti's president.... Read More

Officials: Many Migrants From Border Camp Staying in US

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the... Read More

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the United States, two U.S. officials said, undercutting the Biden administration's public statements that the thousands in the camp faced immediate expulsion. Haitians have been freed on... Read More

Parliamentarian Deals blow to Dems' Immigration Push

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give... Read More

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give millions of immigrants a chance to become citizens, the Senate's parliamentarian said, a crushing blow to what was the party's clearest pathway in years to attaining... Read More

States Learning How Many Afghan Evacuees Coming Their Way

WASHINGTON (AP) — The Biden administration began notifying governors and state refugee coordinators across the country about how many Afghan... Read More

WASHINGTON (AP) — The Biden administration began notifying governors and state refugee coordinators across the country about how many Afghan evacuees from among the first group of nearly 37,000 arrivals are slated to be resettled in their states. California is projected to take more arrivals than... Read More

September 15, 2021
by Kate Michael
American Immigration System Not Prepared for Afghan Refugee Situation

WASHINGTON — After a frantic two weeks of the biggest military evacuations in history, the United States is trying to... Read More

WASHINGTON — After a frantic two weeks of the biggest military evacuations in history, the United States is trying to figure out what to do with tens of thousands of Afghan refugees that will soon be flooding into the country.  “This is not the time for... Read More

News From The Well
Exit mobile version