Supreme Court narrowly rules against non-citizens facing deportation

The Supreme Court held Tuesday that under immigration law, a certain class of non-citizens facing deportation are not...

Posted: Feb 27, 2018 6:40 PM
Updated: Feb 27, 2018 6:40 PM

The Supreme Court held Tuesday that under immigration law, a certain class of non-citizens facing deportation are not required to have a bond hearing if they've been held in detention for more six months.

The 5-3 ruling, however, avoided a judgment on whether the Constitution requires such hearings, returning that issue to an appellate court.

The ruling is a defeat for supporters of immigrant rights groups who sought greater procedural protections for non-citizens facing deportation. The case was brought by a class of immigrants -- some seeking entrance at the border (many seeking asylum), others who are lawful permanent residents who are fighting deportation for committing certain crimes.

"The decision is a setback for immigrants and immigrant rights groups who have argued for years that these bail hearings are necessary," said Stephen Vladeck, a CNN Supreme Court analyst and professor of law at the University of Texas. "But the court left open the bigger question of whether the Constitution requires such hearings, meaning that these same plaintiffs can now make that claim in the lower court."

The decision comes at a time when immigration groups lament the fact the Obama administration (which also opposed the six-month rule) deported record numbers of immigrants and the Trump administration has vowed to crack down further on enforcement.

The decision could have particularly stark implications under President Donald Trump, who has overseen a hard turn in enforcing immigration laws. The administration has increased the use of detention to house undocumented immigrants awaiting court decisions about whether they can stay in the US.

"This is going to lead to a major increase in the use of detention," predicted former Obama Justice Department official Leon Fresco.

Stephen W. Yale-Loehr, a professor of Immigration Law Practice at Cornell Law School, noted that there are currently over 667,000 cases pending in immigration court with a backlog of almost two years.

"The Trump administration has asked Congress to increasing funding to detain more immigrants," he said, "thus even more immigrants may be detained in the coming months, and will have to wait even longer for their day in immigration court."

The case was originally heard last term by eight justices before Justice Neil Gorsuch took the bench.

At the end of the term, the justices ordered re-argument, presumably because they were evenly divided on some aspects of the case and they needed Gorsuch's vote to break a tie. After oral arguments, Justice Elena Kagan discovered an undisclosed issue that prompted her recusal.

The class of immigrants in the case are all incarcerated and include lawful permanent residents with minor criminal history and asylum seekers who have passed an initial screening but who are waiting for the chance to raise their claims. It does not include any individuals that the government deems to be national security risks.

The lead plaintiff, Alejandro Rodriguez, is a lawful permanent resident who was brought to the United States as an infant. He was employed as a dental assistant when he was put in removal proceedings based on possession of a controlled substance and "joyriding."

He was detained for over three years while he challenged his removal. He eventually managed to appeals his case in a process that took over seven years.

Lower courts had divided on how to interpret the immigration detention statutes at issue in the case. In the case at hand, the 9th US Circuit Court of Appeals ruled in favor of all classes mandating an individualized bond hearing after six months of detention.

Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor, issued a dissent, saying he interpreted the law at issue as requiring bail hearings after six months of confinement

"The government has held all of the members of the groups before us in confinement for many months, sometimes for years, while it looks into or contests their claims," he wrote. "But ultimately many members of these groups win their claims and the Government allows them to enter or to remain in the United States."

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 701971

Reported Deaths: 13187
CountyCasesDeaths
Marion958051716
Lake51105939
Allen38867670
Hamilton34212404
St. Joseph33638539
Elkhart27021431
Vanderburgh22016393
Tippecanoe21602212
Johnson17408373
Porter17157297
Hendricks16711310
Clark12640190
Madison12287337
Vigo12139244
Monroe11336166
LaPorte10760204
Delaware10288184
Howard9606211
Kosciusko9051113
Hancock7922139
Bartholomew7839153
Warrick7671155
Floyd7533176
Wayne6871198
Grant6755168
Boone6517100
Morgan6362138
Dubois6068117
Marshall5743108
Dearborn566975
Cass5668102
Henry5558100
Noble536983
Jackson491869
Shelby476895
Lawrence4324118
Gibson426889
Harrison426070
Montgomery416286
Clinton415053
DeKalb405483
Huntington376480
Whitley374939
Miami371365
Knox364889
Steuben361357
Putnam351760
Wabash345877
Jasper344846
Adams337652
Ripley333268
Jefferson310779
White307154
Daviess288699
Wells284780
Decatur278592
Fayette276962
Greene269985
Posey268133
Scott259853
Clay252044
LaGrange250970
Randolph234380
Washington230329
Spencer227431
Jennings224447
Fountain207445
Sullivan207342
Starke201152
Owen191456
Fulton190439
Jay185529
Carroll185220
Perry179136
Orange176253
Rush170224
Vermillion165643
Franklin165135
Tipton160843
Parke143716
Blackford132631
Pike130034
Pulaski112945
Newton102834
Brown99340
Crawford96914
Benton95613
Martin82215
Warren78715
Switzerland7698
Union69510
Ohio55511
Unassigned0405

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1045945

Reported Deaths: 18917
CountyCasesDeaths
Franklin1214131352
Cuyahoga1060882061
Hamilton778281165
Montgomery49815988
Summit45000907
Lucas39675760
Butler37582568
Stark31296894
Lorain24038472
Warren23805291
Mahoning20777583
Lake19885362
Clermont19387228
Delaware17933130
Licking16066206
Fairfield15618196
Trumbull15500459
Medina14787259
Greene14593236
Clark13542288
Wood12664184
Portage12277194
Allen11281229
Richland11001198
Miami10500212
Muskingum8676127
Wayne8523209
Columbiana8515226
Pickaway8414120
Tuscarawas8347239
Marion8342135
Erie7509153
Ross6687145
Hancock6666123
Geauga6520146
Ashtabula6436164
Scioto6271100
Belmont5578158
Union555147
Lawrence5454102
Jefferson5271147
Huron5265113
Darke5256121
Sandusky5158119
Seneca5084118
Washington5056107
Athens497454
Auglaize473984
Mercer470084
Shelby454689
Knox4363108
Madison420458
Putnam419398
Ashland411586
Fulton406266
Defiance399496
Brown384855
Crawford3848100
Logan371976
Preble369298
Clinton359359
Ottawa354278
Highland345759
Williams321674
Champaign317856
Jackson306151
Guernsey305348
Perry289249
Fayette276748
Morrow274139
Henry262866
Hardin262663
Coshocton257857
Holmes252399
Van Wert238562
Gallia232946
Pike232331
Adams227152
Wyandot225553
Hocking208458
Carroll188547
Paulding168238
Meigs141138
Noble132537
Monroe128741
Morgan106423
Harrison104936
Vinton81314
Unassigned02
Fort Wayne
Cloudy
42° wxIcon
Hi: 47° Lo: 35°
Feels Like: 34°
Angola
Cloudy
39° wxIcon
Hi: 46° Lo: 32°
Feels Like: 31°
Huntington
Cloudy
40° wxIcon
Hi: 48° Lo: 38°
Feels Like: 36°
Fort Wayne
Cloudy
42° wxIcon
Hi: 48° Lo: 37°
Feels Like: 34°
Lima
Cloudy
44° wxIcon
Hi: 47° Lo: 38°
Feels Like: 37°
There will be more clouds around than sunshine for most of the day and highs will top out in the upper 40s.
WFFT Radar
WFFT Temperatures
WFFT National

Community Events