SUPREME COURT MAINTAINS CONGRESS GRANTED HOMELAND SECURITY SECRETARY BROAD POWER TO DETAIN IMMIGRANTS WITHOUT BAIL | WHAT REALLY HAPPENED

SUPREME COURT MAINTAINS CONGRESS GRANTED HOMELAND SECURITY SECRETARY BROAD POWER TO DETAIN IMMIGRANTS WITHOUT BAIL

The United States Supreme Court ruled the government has broad executive power to detain immigrants previously convicted of a crime and deny them a bail hearing prior to deportation proceedings.

In a 5-4 decision [PDF], the majority, led by Justice Samuel Alito, argued Congress granted sweeping authority to Secretary of Homeland Security Kirstjen Nielsen when it passed the Illegal Immigration and Immigrant Responsibility Act of 1996.

The justices maintained Congress was concerned “deportable criminal aliens who are not detained” would continue to “engage in crime and fail to appear for their removal hearings in large numbers” so lawmakers mandated arrest without bail or parole.

Attorneys, including lawyers with the American Civil Liberties Union, contended the government did not have the authority to detain immigrants without bail years after they were released from prison and had served a sentence for any offenses. There was a temporal limit to the government’s authority.

Comments

SHARE THIS ARTICLE WITH YOUR SOCIAL MEDIA