from the Daily Caller:
SUPREME COURT WEIGHS TRUMP ADMINISTRATION’S POWER TO DETAIN CRIMINAL IMMIGRANTS
- The Supreme Court is weighing the federal government’s power to detain migrants after they serve prison sentences.
- Federal law allows the government to seize criminal migrants “when the alien is released” from custody.
- Long stretches of time often elapse before the government learns a noncitizen was released from jail, in part due to sanctuary city policies.
The U.S. Supreme Court appeared closely divided Wednesday over the federal government’s power to detain criminal aliens after their release from prison.
The lead plaintiffs in Wednesday’s case were Mony Preap and Bassam Yusuf Khoury, two lawful permanent residents who served prison sentences for drug offenses. Several years after their release, federal immigration authorities detained them without bail pending deportation proceedings.
The American Civil Liberties Union challenged Preap and Khoury’s detention, arguing that the law requires the government to seize criminal migrants as soon as they are freed from custody, not months or years after the fact. The 9th U.S. Circuit Court of Appeals sided with the migrants, so the Trump administration then appealed to the Supreme Court.
Federal law provides that immigration authorities should detain aliens convicted of particular crimes “when the alien is released” from custody. Preap and Khoury lead a class of similarly situated migrants.
The case is the latest dispute at the high court between the Trump administration and civil rights groups fighting its immigration policy. The 9th Circuit previously held that detained migrants awaiting deportation are entitled to a bail hearing every six months. The Supreme Court reversed that decision in February.
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Author: the Common Constitutionalist
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