Supreme Court will decide if detained immigrants can apply for bail
The case could redefine the limits of immigration detention in the United States and access to due process for thousands of people
The Supreme Court agreed to review a case that could have important consequences for thousands of immigrants detained while they face deportation proceedings.
The highest court will analyze an appeal filed by the Trump administration on the legality of detaining certain immigrants with criminal records for long periods without offering them a hearing to request bail.
The decision comes after the Second Circuit Court of Appeals determined that “unreasonably prolonged” detentions can violate due process guarantees established in the US Constitution.
According to information from Reuters, the case involves two legal permanent residents – Green Card holders – who remained in immigration custody for months while their deportation proceedings were resolved.
The debate over due process
Federal law requires immigration authorities to detain certain noncitizens convicted of serious crimes while their removal cases proceed.
However, Second Circuit judges concluded that keeping a person detained for months or even years without the opportunity to request a bond hearing can violate the Fifth Amendment of the Constitution.
One of the cases corresponds to a Dominican citizen identified in court documents as G.M., who was detained for approximately 21 months before being released. The second involves Jamaican national Carol Black, who was in custody for seven months before being granted a bail hearing.
A ruling with national impact
The Trump administration maintains that the law allows these mandatory detentions while immigration processes take place.
In contrast, civil rights organizations argue that even people subject to deportation retain basic constitutional protections.
“The Constitution protects us all, regardless of our immigration status, from being imprisoned without due process,” said Cecillia Wang, a lawyer with the American Civil Liberties Union (ACLU), quoted by the news agency.
The court will hear arguments during its next session, which begins in October.
Another key decision for immigration policy
The case joins a series of immigration disputes currently before the Supreme Court.
Decisions are also expected in the coming weeks on birthright citizenship driven by the Fourteenth Amendment and on the Trump administration's intention to end various temporary immigration protections.