Is it lawful for the government to detain immigrants who have committed a crime without a bond hearing, even if the immigrant is in the country lawfully? And if so, when should the government be able to detain these individuals? These issues went before the U.S. Supreme Court, and the Court’s ruling could have a significant effect on some immigrants who are facing deportation and removal after having committed a crime.
The U.S. Supreme Court issued a ruling earlier in March that could affect immigrants in Kentucky and across the U.S. — even those who arrived in the country legally. Under the ruling, if an immigrant has been convicted of a crime, the government is permitted to detain the immigrant at any point and without a bond hearing, even years after the immigrant has served his or her sentence.
Four of the nine Justices dissented, stating that the ruling gave too much power to the U.S. government, and that immigrants who are convicted of a crime can only be detained without a bond hearing at the point in time that they are released from criminal custody. The dissent also claimed the ruling violated immigrants’ due process right.
This is a significant ruling that could affect many immigrants who would face detainment and deportation potentially for the rest of their life following the commission of a crime, even after they have paid their debt to society. It is more important than ever that immigrants’ due process rights are upheld. Those facing deportation and removal who believe that they have wrongfully been denied a hearing or who believe they have been detained unlawfully will want to seek legal guidance on the matter.