Supreme Court upholds government’s authority to detain and deport immigrants for past crimes
The Supreme Court on Tuesday upheld the Trump administration’s power to arrest and hold legal immigrants indefinitely if they had past crimes on their records that could trigger deportation, even if they served their time years ago or were convicted of minor drug offenses.
Justice Samuel A. Alito Jr., speaking for the court’s conservatives, said Congress believed it would be “too risky” to allow dangerous criminals and terrorists to remain free on bail while their deportations were pending.
Justice Stephen G. Breyer, speaking for the four liberals, read his dissent in the courtroom. “The greater importance of the case lies in the power that the majority’s interpretation grants to the government."
Lawyers for the American Civil Liberties Union had brought a class-action suit in California on behalf of lawful immigrants who faced mandatory detention long after they had been released for relatively minor crimes.
Eduardo Padilla, one of the named plaintiffs, came to the United States in 1966 as an infant and became a lawful permanent resident in the Sacramento area....In 2013, federal agents arrested him for those past crimes and held him for deportation. But he went free after the 9th Circuit Court of Appeals ruled the “mandatory detention” provision did not apply to immigrants such as Padilla.
[In another case] early last year, the high court broadly upheld the government’s power to detain immigrants in jail for months or years as they fight deportation. In a 5-3 decision, the court ruled federal law gave these detainees no right to a bail hearing and a chance to go free. The decision, in Jennings vs. Rodriguez, did not resolve whether this indefinite-detention rule was constitutional.
The case decided Tuesday was a follow-up to last year’s ruling and was more limited in its scope. It involved only detained immigrants who had been earlier released from custody
Why was this ever a question in the first place, I wonder? If some immigrant doesn't like being detained, he can simply agree to a voluntary deportation. If he wants to further clog up our system by appealing, then let him wait. The fact that we're years behind in handling all these frivolous cases aint our fault.
Edited by Moronium, 19 March 2019 - 12:56 PM.