Supreme Court Rules Against Immigrants in Detention Case

In a victory for President Trump, the court ruled in favor of detaining and deporting noncitizens for past crimes.

By Lisa Hagen, Staff WriterMarch 19, 2019
By Lisa Hagen, Staff WriterMarch 19, 2019, at 3:17 p.m.
U.S. News & World Report

Supreme Court Rules on Detaining Immigrants

The Associated Press

The Supreme Court ruled against a group of immigrants in a case about immigration detention on Tuesday.The Associated Press

The Supreme Court on Tuesday ruled that the government can arrest and detain noncitizens with past criminal convictions that could lead to deportation indefinitely, dealing a blow to immigrant rights advocates and upholding the Trump administration's detention powers.

In a 5-4 vote, the high court ruled in favor of mandatory detention at any time, even if noncitizens finished their criminal sentences years ago. That includes noncitizens who completed sentences for minor drug possessions.

The case, Nielsen v. Preap, involved a group of legal immigrants who faced mandatory detention years after they were released and filed class action lawsuits in Washington state and California.

On behalf of the high court's conservatives, Justice Samuel Alito wrote that Congress gave federal authorities in 1996 the power to arrest and detain noncitizens for previous crimes without rights to a bail hearing until authorities decide on deportation.

Following the Migrant Caravan

JUCHITAN DE ZARAGOZA, MEXICO - NOVEMBER 01:  Members of the Central American caravan head out at dawn for their next destination on November 01, 2018 in Juchitan de Zaragoza, Mexico. The group of migrants, many of them fleeing violence in their home countries, took a rest day on Wednesday and resumed their journey towards the United States border on Thursday. As fatigue from the heat, distance and poor sanitary conditions has set in, the numbers of people participating in the trek has slowly dwindled but a significant group are still determined to get to the United States. On Monday an official said that the Pentagon will deploy up to 5,000 active-duty troops to the U.S.-Mexico border in an effort to prevent members of the migrant caravan from illegally entering the country.  (Photo by Spencer Platt/Getty Images)

Alito expressed concern over the plaintiffs' argument that noncitizens facing mandatory detention must be arrested within 24 hours after they are released from prison, saying that timeline was "especially hard to swallow."

Justice Stephen Breyer, who wrote the dissenting opinion, said that he's worried the court's interpretation "will work serious harm to the principles for which American law has long stood."

"Why would Congress have granted the Secretary such broad authority to deny bail hearings, especially when doing so would run contrary to basic American and common-law traditions?" Breyer wrote.

"The answer is that Congress did not do so. Ordinary tools of statutory interpretation demonstrate that the authority Congress granted to the Secretary is far more limited."

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