Supreme Court Overturns Junk 9th Circuit Ruling, Makes It Easier to Detain Criminal Migrants

The Supreme Court sided with the Trump administration Tuesday in a dispute over the federal government’s power to arrest certain noncitizens who commit crimes and hold them in immigration jails before a deportation proceeding.

The five to four decision was met with a vigorous dissent from the Court’s liberal bloc led by Justice Stephen Breyer, who said the majority was enabling the detention and possible deportation of foreign nationals for minor crimes they committed in the distant past.

Tuesday’s case arose when green card holders Mony Preap and Bassam Yusuf Khoury were arrested by federal immigration authorities years after they served criminal sentences for drug convictions. Preap and Khoury were detained without bail pending deportation.

A five-justice majority said aliens facing deportation may be held in immigration jails without bond hearings in February 2018.

Preap and Khoury challenged their detention in federal court with two classes of similarly situated migrants. Arguing on their behalf, the American Civil Liberties Union (ACLU) said the government can only detain noncitizens with criminal records within 24 hours of their release from prison. A provision of federal law directs the secretary of Homeland Security to arrest criminal aliens “when the alien is released.”

The 9th U.S. Circuit Court of Appeals agreed with the ACLU and ruled for the plaintiffs. The Court’s conservative majority reversed that decision in Tuesday’s ruling, finding federal law requires the detention of certain classes of aliens before removal.