/news/ - US Supreme Court Rules Illegal Immigrants Can Be Detained Indefinitely

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US Supreme Court Rules Illegal Immigrants Can Be Detained Indefinitely Reader 02/28/2018 (Wed) 19:04:43 Id: bc8846 [Preview] No. 6941
The U.S. Supreme Court ruled Tuesday that immigrants, even those with permanent legal status and asylum seekers, do not have the right to periodic bond hearings.
It's a profound loss for those immigrants appealing what are sometimes indefinite detentions by the government. Many are held for long periods of time — on average, 13 months — after being picked up for things as minor as joyriding. Some are held even longer.
The case, Jennings v. Rodriguez, has implications for legal permanent residents whom the government wants to deport because they committed crimes and for asylum seekers who are awaiting a court date after turning themselves in at the border. Immigrant advocates contend that many of these immigrants have a right to be free on bail until their case is heard.
But the court wrote in its 5-3 opinion Tuesday, "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."
The majority opinion was penned by Justice Samuel Alito and joined by the court's conservatives. (Justice Elena Kagan did not participate. She recused herself, stemming from work she had done as former President Barack Obama's solicitor general.)
The decision reversed a Ninth Circuit ruling, but this is not the last word and could come back to the high court.
The Supreme Court sent the case the back to the lower court with two questions unresolved. First, whether indefinite detention without a chance for bail is unconstitutional. Second, whether the challenge to that no-bail provision can be brought as a class action, instead of as individual cases.
Stanford Law professor Lucas Guttentag says that in practical terms, the class action question is enormously important because most of the immigrants affected by Tuesday's decision don't have lawyers.
"If they're required to proceed individually, many of them will never be able to pursue their claims," he says. "A class action provides protection to everyone, not just to those who have a lawyer who can file a lawsuit."
https://archive.fo/8rvYE
https://www.npr.org/2018/02/27/589096901/supreme-court-ruling-means-immigrants-can-continue-to-be-detained-indefinitely

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