Supreme Court Ruling States Immigrants Can Be Detained Without Bond Hearings and Held for Indefinite Period of Time

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Is it ethical or illegal?

While our country continues to mourn over the lost lives in the Marjory Stoneman Douglas High shooting that has caused citizens to question gun laws and a lack of help for those suffering from mental illnesses, the Trump Administration continues its efforts in pushing for immigration reform. Sources such as News Week and The Hill have redirected the attention of many to a Supreme Court ruling that is expected to detain immigrants awaiting decisions on their status indefinitely. Prior to this ruling, the law stated that any immigrant who was awaiting a decision on their status could be detained but would be given a bond hearing every sixth months.

The purpose of this bond hearing would be to give these individuals a chance to live freely while their right to reside in the U.S. was deliberated on. But, it appears the Supreme Court is wanting to take this away which means no bond hearing would be provided and those who have been detained could remain locked up for an undetermined length of time. According to Justice Samuel Alito who was part of the majority opinion, “the immigration statutes in question “mandate detention of applicants for admission until certain proceedings have concluded.” At that point, detention would end, however, “until that point, nothing in the statutory text imposes any limit on the length of detention.”

Given the circumstances mentioned in this ruling, the American Civil Liberties Union (ACLU) was inclined to respond. The union stated that this decision would “impact the lives of thousands of people, including lawful permanent residents, asylum seekers, and survivors of torture.” The fact is, with this new ruling, any immigrant would be placed at risk of being detained, even those with lawful status, and would not be given the right to a bond hearing. Although there were several on the contending side of this ruling, there were also some on the opposing side. Justice Stephen Breyer, Justice Ruth Bader Ginsburg, and Justice Sonia Sotomayor “argued that if the statutes were to be read as the majority decided, it would render them unconstitutional.”

Because the statute reads as “forbidding bail,” which means it forbids a bail hearing, ACLU attorney Ahilan Arulanantham believes that it violates the Due Process Clause. He also argued that the “Trump Administration is trying to expand immigration detention to record-breaking levels as part of its crackdown on immigrant communities.”

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Immigration reform continues to be a priority for the Trump Administration and it appears they won’t stop unless they have completely rid immigrants of all their rights here in the U.S.

And if the push continues for statutes to be passed like the one mentioned above, many immigrants living in the U.S. or wanting to come to the U.S. won’t have a very promising future here.


Don’t wait to hire an immigration lawyer if you are dealing with an immigration-related matter.


If you are dealing with an immigration matter or you have a loved one that has been detained by immigration officials, now is the time to contact an immigration attorney who can help you. With more and more laws being passed and efforts made to limit the rights of immigrants, you don’t want to handle your matter on your own without legal aid. If you would like to get a consultation scheduled with an immigration lawyer in your area, is available now and can get you connected with a professional who can help you.

By | 9:30 am | Categories: Immigration News | Comments Off on Supreme Court Ruling States Immigrants Can Be Detained Without Bond Hearings and Held for Indefinite Period of Time

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