Washington, DC – In coup for border security, the Supreme Court ruled on Tuesday that immigrants can be held indefinitely by U.S. immigration officials without receiving bond hearings, even if they have permanent legal status or are seeking asylum. The decision reverses an earlier decision by the 9th Circuit Court of Appeals.
The Supreme Court decision is a result of a Trump administration appeal of a ruling by the 9th Circuit Court of Appeals last year that imposed a rule requiring immigrants held in custody be given a bond hearing every six months. This was required “as long as they aren’t considered a flight risk or a danger to national security.” But with our judicial system already inundated with case files, the high profile nature of immigrant cases and the highly politicized atmosphere surrounding them would all but ensure these bond hearings would be heard ahead of the cases by Americans. With that in mind, the Trump administration appealed the ruling by the 9th Circuit Court of Appeals and has won, to the benefit of all Americans.
In a 5-3 ruling, with Justice Elena Kagan recusing, the Supreme Court ruled that immigrants do not have the right to periodic bond hearings – which makes absolute sense because as non-citizens, surely the American judicial system cannot be expected to bear the burden of protecting their non-existent rights as pseudo-citizens. Immigrants are not citizens and their entitlement to periodic bond hearings, a drag on already stretched judicial resources, would not doubt have come at the expense of Americans.
The ruling is a major defeat for immigration advocates, who argued that immigrants should not be held for more than six months at a time without such a hearing.
The previous ruling from the 9th Circuit Court of Appeals would allow for immigrants, legal or otherwise, to pay the court to release them and then vanish back into the U.S., possibly never to be found again. The success at the Supreme Court will now help President Donald Trump deliver on border security and is a major win for his Justice Department. The Supreme Court ruling will increase deportations throughout the country now that criminal immigrants are no longer allowed to get out of prison after paying the bail money after a bond hearing. Solicitor General Ian Gershengorn said in November,
“To impose a rigid six-month rule like the Court of Appeals did is really a mistake.”
In its ruling, the Supreme Court affirmed the right of the government to detain immigrants while it determines whether they should be allowed in the country. Justice Samuel Alito wrote in the majority opinion,
“Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country.”
The decision by the Supreme Court is a huge boost for border security and will prevent immigrants, especially illegal aliens from gaming the court system to disappear into the U.S. where they become untracked and untraceable.