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USA : Immigrants can face indefinite detention

March 02, 2018 10:01·
Attorneys from the ACLU argue that the wait for a bond hearing for those in detention is unconstitutional. John Moore Getty Images

Attorneys from the ACLU argue that the wait for a bond hearing for those in detention is unconstitutional. John Moore Getty Images

Justice Breyer said the majority decision appeared to eat into a key 2001 Supreme Court precedent, the Zadvydas ruling, which established a six-month maximum on detentions in cases in which the government is trying to deport immigrants but their home country won't take them back. Focusing exclusively on legislation that affects Dreamers runs the risk of neglecting migrants who do not fit the image of innocent, young people, but whose political and human rights are still being infringed upon in the U.S.

NPR got more than 15,000 retweets for a tweet that misleadingly claimed the Supreme Court ruled immigrants "do not have the right" to a bond hearing while being detained. He said the 9th Circuit's previous ruling suggests it will find the statutes unconstitutional. Such immigrants include asylum seekers and legal permanent residents who have been detained for suspected criminal activity. Twenty four years later, after minor convictions of joyriding and drug possession, U.S. Immigrations and Customs Enforcement (ICE) took him into custody and claimed he should be removed from the U.S. due to those convictions.

The Supreme Court's decision not to hear the administration's appeal was expected, as no appeals court has yet ruled on the issue.

The country's founding documents were based on enshrining the right to preserve liberty and obtain one's day in court-concepts the conservative majority just stepped on.

Justice Stephen Breyer read from his dissent from the bench - a move meant to underscore a justice's disagreement - stressing that even illegal immigrants deserve protections outlined by the Constitution that bar indefinite detention.

But Justice Samuel Alito said that interpretation was too broad and that the reading of the current law authorizes detention "until the end of the applicable proceedings", The Washington Post reported. "Indeed, '[f] reedom from bodily restraint has always been at the core of the liberty protected by the Due Process Clause from arbitrary governmental action'".

"The petition for a writ of certiorari before judgment is denied without prejudice", Xinhua cited a a court filing as saying.

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"The upshot is the following: The Constitution's language, its basic purposes, the relevant history, our tradition, and numerous relevant cases point in the same interpretive direction. And they spend those months or years imprisoned without bail".

"Before they didn't have the right to hold you that long of time and now we can't argue that point", Sanchez said. The legislative proposal has explored allowing qualifying youth conditional residency and down the line permanent residency, but it has been repeatedly defeated in Congress. But, the injunctions that are in place now say those who had DACA before the Trump Administration's decision can apply to renew those protections, though the Administration is free to accept them on a case-by-case basis.

State Senate Leader Michael Roberson, R-Henderson, the honorary Prevent Sanctuary Cities PAC chairman, said at the time that voters have a right to prevent lawmakers from passing pro-sanctuary city bills like one proposed in the 2017 session.

"The Court's decision in Jennings v. Rodriguez is an affront to our nation's commitment to liberty and to US human rights treaty obligations that prohibit arbitrary detention", said Eleanor Acer of Human Rights First.

Detention applies to illegal immigrants caught at the border and inside the US, and to legal immigrants whose criminal activity has made them eligible for deportation.

He said some who support ending DACA contend that Obama overstepped his authority and that a legal challenge against it would be successful.

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