The Supreme Court ruled Tuesday that immigration officials can continue to indefinitely detain immigrants during proceedings to determine the legality of their status in the U.S.
In the 5-3 decision, which Justice Elena Kagan took no part in, the Supreme Court reversed the 9th Circuit Court of Appeals decision that ruled detained immigrants must receive bond hearings every six months to determine if their continued detainment was necessary.
The decision of Jennings v. Rodriguez affects illegal and legal immigrants. Legal permanent residents facing deportation as a result of committing crimes and asylum seekers who have turned themselves in at the border and are awaiting a court date can be detained indefinitely with no interval bond hearings.
Justice Samuel Alito wrote the majority opinion, which included himself and the other conservative Justices John Roberts, Clarence Thomas, Neil Gorsuch, and Anthony Kennedy.
“Detention during those proceedings gives immigration officials time to determine an alien’s status without running the risk of the alien’s either absconding or engaging in criminal activity before a final decision can be made,” Alito wrote in the majority opinion.
Kagan decided to recuse herself from the case because of work she had done under former President Obama as his solicitor general. Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor were of the dissenting opinion.
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Supreme Court rules immigrants can be held indefinitely with no bond hearings https://t.co/6z9Codc4lN pic.twitter.com/QKZ3CVPKKT
— Washington Examiner (@dcexaminer) February 27, 2018
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