Share

Supreme Court rules against immigrants in detention case

Share

WASHINGTON (AP) — A divided Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.

The issue in the case before the justices had to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government it must arrest those people when they are released from custody and then hold them while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. In the case before the Supreme Court, a group of mostly green card holders argued that unless they’re picked up essentially within a day of being released, they should be entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge were to agree, they would not have to remain in custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.

But the Supreme Court disagreed with the immigrants’ interpretation of federal law in a 5-4 ruling that divided the court along ideological lines. Looking at a statutory provision enacted by Congress in 1996, Justice Samuel Alito wrote that “neither the statute’s text nor its structure” supported the immigrants’ argument. The court’s conservative justices sided with the Trump administration. The administration argued, as the Obama administration did, that those affected by the law aren’t entitled to a hearing where they can argue for their release, regardless of whether they are arrested immediately after being released from custody or not.

Department of Justice spokeswoman Kerri Kupec said the administration was “pleased with the decision.”

Justice Stephen Breyer, in a dissent he read aloud in court, said that the larger importance of the case has to do with the power his colleagues’ ruling gives the government.

“It is a power to detain persons who have committed a minor crime many years before. And it is a power to hold those persons, perhaps for many months, without any opportunity to obtain bail,” Breyer said.

He wrote that in his view the law requires immigrants who have committed crimes to be detained “within a reasonable time after their release” from custody, “presumptively no more than six months.” If the person is not detained within that time, they should get a hearing where they can argue for their release, Breyer wrote.

The American Civil Liberties Union represented the immigrants in the case before the Supreme Court. ACLU attorney Cecillia Wang, who argued the case, said after the decision that the ACLU will call on Congress to clarify the law and will continue to pursue options in court.

Tuesday’s ruling was based on the text of the statute, and Wang said the ACLU will argue that the statute, as interpreted by the justices, is unconstitutional. Wang also called the decision an “extreme waste of taxpayer money,” saying it locks up individuals who are not a danger to the community.

The case before the justices involved a class-action lawsuit brought by noncitizens in California and a similar class-action lawsuit brought in the state of Washington. In those cases, the U.S. Court of Appeals for the 9th Circuit sided with the immigrants, but other appeals courts had sided with the government in similar cases.

One of the lead plaintiffs involved in the California case, Mony Preap, has been a lawful permanent resident of the United States since 1981 and has two convictions for possession of marijuana. He was released from prison in 2006 but was not taken into immigration custody until 2013. Preap has since won his deportation case, allowing him to remain in the country.

The case is 16-1363 Nielsen v. Preap.

___

Related:
Police Detain Man in CEO Murder Case Thanks to Tip from Elderly McDonald's Customer

Follow Jessica Gresko on Twitter at http://twitter.com/jessicagresko

The Western Journal has not reviewed this Associated Press story prior to publication. Therefore, it may contain editorial bias or may in some other way not meet our normal editorial standards. It is provided to our readers as a service from The Western Journal.

Truth and Accuracy

Submit a Correction →



We are committed to truth and accuracy in all of our journalism. Read our editorial standards.

Tags:
Share
The Associated Press is an independent, not-for-profit news cooperative headquartered in New York City. Their teams in over 100 countries tell the world’s stories, from breaking news to investigative reporting. They provide content and services to help engage audiences worldwide, working with companies of all types, from broadcasters to brands. Photo credit: @AP on Twitter
The Associated Press was the first private sector organization in the U.S. to operate on a national scale. Over the past 170 years, they have been first to inform the world of many of history's most important moments, from the assassination of Abraham Lincoln and the bombing of Pearl Harbor to the fall of the Shah of Iran and the death of Pope John Paul.

Today, they operate in 263 locations in more than 100 countries relaying breaking news, covering war and conflict and producing enterprise reports that tell the world's stories.
Location
New York City




Advertise with The Western Journal and reach millions of highly engaged readers, while supporting our work. Advertise Today.

Conversation