The Supreme Court has voted 5-4 to allow the Trump Administration to keep illegal immigrants in jail as they await deportation.
From LA Times:
Supreme Court on Tuesday upheld the Trump administration’s power to
arrest and hold immigrants indefinitely if they have past crimes on
their records that could trigger deportation, even if they had served
time years ago for minor drug offenses.
The justices, by a 5-4 vote, agreed that Congress authorized mandatory detention of noncitizens who were subject to deportation because they had committed crimes ranging from violent felonies to drug possession. And they may be taken into custody by immigration agents long after they had been released from state or local custody.
Justice Samuel A. Alito Jr., speaking for the court’s conservatives, said Congress in 1996 gave federal authorities broad power to arrest and hold noncitizens for past crimes, and they were given no right to seek release on bail.
The decision overturns a ruling of the U.S. 9th Circuit Court of Appeals which had extended bail hearings and possible release to immigrants who had served time for their crimes and were living and working in their communities.
The legal dispute turned on a provision of the law that said the mandatory federal detention was triggered “when an alien is released” from state prison or local jail. Based on that clause, the 9th Circuit judges said the mandatory detention rule did not apply to immigrants who had been released months or years earlier.
high court heard arguments on the case in mid-October the same week that
Justice Brett M. Kavanaugh took his seat. He spoke up in defense of the
Trump administration’s view that the law was intended to authorize
federal agents to arrest and hold immigrants with past crimes on their
records regardless of when they were released. He questioned whether “we
should be putting in a time limit” on taking immigrants into custody.
sides in the case agreed that the mandatory detention rule applied both
to immigrants who were in the country legally as well as to those here
Read more @ latimes.com
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