US Supreme Court Reversed: Some Illegal Aliens Have No Hearing Rights

CITY OF WASHINGTON (June 29, 2021)–today the U.S. Supreme Court reversed U. S. Court of Appeals for
the Fourth Circuit.  in an illegal alien case.  The Court ruled that federal government can indefinitely detain certain aliens who say they will face persecution or torture if they are deported to their native countries.

The case involves illegal aliens  who had been previously deported and, when detained after re-entering the United States illegally, they claimed that they would be persecuted or tortured if sent back.

The Facts:

Federal immigration law establishes procedures for removing aliens living unlawfully in the United States as well as for determining whether such persons are detained during removal proceedings. The Department of Homeland Security (DHS) may arrest and detain an alien “pending a decision on whether the alien is to be removed from the
United States.”

The Court further ruled “Respondents’ contrary reading would also undermine Congress’s judgment regarding the detention of different groups of aliens who posed different flight risks. Aliens who have not been ordered removed
are less likely to abscond because they have a chance of being found admissible, while aliens who have already been ordered removed are generally inadmissible, ” 

An alien detained under under the law may generally apply for release on bond or conditional parole.  If an alien is ordered removed and the order becomes “administratively final,” detention becomes mandatory.  If an alien removed under this process reenters the country without authorization, that person faces reinstatement of “the prior
order of removal from its original date.”

That order “is not subject to being reopened or reviewed,” and the alien “shall be removed under the prior order at any time after reentry.”

The individuals who were removed from the United States are aliens — who later reentered without authorization. When DHS reinstated their prior removal orders, each respondent sought withholding-only relief to prevent DHS from executing those orders based on fear of returning to their home country as designated in the removal orders.

While respondents’ withholding-only proceedings were pending, DHS detained respondents, and respondents sought release on bond, which was initially denied. The Government opposed their release, maintaining that because respondents were detained under the law, not — they were not entitled to bond hearings. The illegal aliens filed habeas proceedings in District Court, seeking a declaration that governs their detention, as well as an injunction ordering the Government to grant them individualized bond hearings consistent with the law.

 The District Court entered summary judgment for the aliens , and the Fourth Circuit affirmed. 

The Opinion:

Judge Alito, delivered the opinion of the Court, except as to Judge Roberts added an opinion note and Judges Kavanaugh and Barrett joined that opinion in full. Judge Thomas filed an opinion and concurring except for a note and concurring in the judgement, in which Judge Gorsuch joined.  Judge Beyer filed a dissenting opinion, in which Judge Sotomayor and Kagan joined.

Read the Court’s entire opinion here.

 

Source: US Supreme Court

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