There is no requirement for a bond hearing even if they are picked up years after release from custody for crimes that could result in deportation, the court’s conservative majority finds.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow March 19 at 12:42 PM A narrowly divided Supreme Court said Tuesday that federal authorities have broad authority to detain — without a bond hearing — legal immigrants who have committed certain crimes that make them eligible for deportation.
While the Obama administration held the same view of the law, it has become more important for the Trump administration, which has stepped up deportation enforcement and complained that policies of “sanctuary cities” hinder its ability to learn of the release of those whose crimes make them deportable.
Alito said the claims of the plaintiffs in the case that “they are owed bond hearings in which they can earn their release by proving that they pose no flight risk and no danger to others” is not supported by the statute’s text or structure. “In deciphering the intent of the Congress that wrote this statute, we must decide — in the face of what is, at worst, linguistic ambiguity — whether Congress intended that persons who have long since paid their debt to society would be deprived of their liberty for months or years without the possibility of bail,” Breyer wrote.
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