Supreme Court considers whether detained immigrants entitled to bond hearings

  

Category:  News & Politics

Via:  vic-eldred  •  2 weeks ago  •  11 comments

By:   BY HARPER NEIDIG

Supreme Court considers whether detained immigrants entitled to bond hearings
"As far as the underlying issue, I mean, you know it as well as I do, everybody gets bail hearings that you're going to detain for a significant amount of time, every criminal case," said Justice Stephen Breyer, who penned a 5-4 decision in 2001 that limited the government's power to hold deportees for prolonged periods.

S E E D E D   C O N T E N T



The Supreme Court on Tuesday grappled over whether immigrants in custody awaiting deportation are entitled to bond hearings during prolonged detention periods.

The Biden administration urged the high court during oral arguments to overturn appeals court rulings that allowed some detained immigrants to be released from custody while awaiting deportation proceedings.

Curtis Gannon, a deputy solicitor general, argued that Supreme Court precedent makes clear "that Congress can make rules for non-citizens that it can't for citizens and that detention during removal proceedings is constitutionally permissible."

Matthew Adams, the legal director for the Northwest Immigrant Rights Project, told the justices that detainees awaiting deportation are entitled under immigration law to a hearing on whether they can be released from custody.

"It's a bedrock principle in our legal system that where the government seeks to lock up a human being for a prolonged period, that person is entitled to a hearing before an independent decision maker to determine whether detention is justified," Adams said.

The arguments on Tuesday concerned a pair of cases in which appellate courts ruled in favor of detained immigrants seeking release while awaiting their deportations.

The justices appeared divided over the issue, with some of the conservatives expressing skepticism that immigration law entitles those awaiting deportation to bond hearings, while the liberal wing suggested that the court had already made clear that the right exists for those in custody.

"As far as the underlying issue, I mean, you know it as well as I do, everybody gets bail hearings that you're going to detain for a significant amount of time, every criminal case," said Justice  Stephen Breyer , who penned a 5-4 decision in 2001 that limited the government's power to hold deportees for prolonged periods.

The cases are titled Johnson v. Arteaga-Martinez and Garland v. Gonzalez. The court will likely issue a decision by mid June.


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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    2 weeks ago

I think this one gets split along ideological lines with the 3 lefties in their usual corner.

 
 
 
Ozzwald
Professor Quiet
1.1  Ozzwald  replied to  Vic Eldred @1    2 weeks ago
I think this one gets split along ideological lines with the 3 lefties in their usual corner.

What does the Constitution say about it?  Hint:  see 14th Amendment.

 
 
 
squiggy
Sophomore Quiet
1.1.1  squiggy  replied to  Ozzwald @1.1    2 weeks ago

"The Biden administration urged the high court during oral arguments to overturn appeals court rulings that allowed some detained immigrants to be released from custody while awaiting deportation proceedings."

Why does Biden hate so?

 
 
 
Jeremy Retired in NC
Masters Participates
2  Jeremy Retired in NC    2 weeks ago
detainees awaiting deportation are entitled under immigration law to a hearing on whether they can be released from custody.

Most of those detainees crossed the border illegally (AGAINST IMMIGRATION LAW).  With that being said, why apply a set of laws that the individual has already shown complete disregard for?  Oh that's right.  It seems that's the voting base of a certain group of people desperate to keep their jobs in Washington.

 
 
 
Vic Eldred
Professor Principal
2.1  seeder  Vic Eldred  replied to  Jeremy Retired in NC @2    2 weeks ago

The next congress may have to take away some of the generous rights given to anyone who sets foot on American soil.

 
 
 
Jeremy Retired in NC
Masters Participates
2.1.1  Jeremy Retired in NC  replied to  Vic Eldred @2.1    2 weeks ago

They come here illegally or over stay their visits, I'm all for it.  They keep screaming about reform all the while they won't enforces what's already on the books.

 
 
 
Vic Eldred
Professor Principal
2.1.2  seeder  Vic Eldred  replied to  Jeremy Retired in NC @2.1.1    2 weeks ago
all the while they won't enforces what's already on the books.

Circumventing the Constitution has become an art form. Or as Justice Sotomayor might call it "nullification!"

 
 
 
XXJefferson51
Senior Guide
2.1.3  XXJefferson51  replied to  Vic Eldred @2.1    2 weeks ago

Without a doubt.  ASAP!  

 
 
 
Jeremy Retired in NC
Masters Participates
2.1.4  Jeremy Retired in NC  replied to  Vic Eldred @2.1.2    2 weeks ago

I had her as a liberal before her confirmation.  Remember when NYC had to re-write their Firefighter promotion exams because certain colors failed the knowledge tests?

 
 
 
Vic Eldred
Professor Principal
2.1.5  seeder  Vic Eldred  replied to  Jeremy Retired in NC @2.1.4    2 weeks ago
Remember when NYC had to re-write their Firefighter promotion exams because certain colors failed the knowledge tests?

It was very reassuring for New Yorkers/ S

 
 
 
charger 383
Professor Quiet
3  charger 383    2 weeks ago

I would not trust them to show up or to be loose in the country , keep them in jail 

 
 

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