The Supreme Court handed President Trump a victory in immigration on Tuesday. A spit decision 5-4 that allows the Federal government to detain immigrants long after their prison terms are over while awaiting deportation.
NEW: Supreme Court, split 5-4, endorses government ability to detain immigrants awaiting deportation potentially years after they have completed prison terms for criminal convictions— Lawrence Hurley (@lawrencehurley) March 19, 2019
The court did not set a time frame for the immigrant to be picked up after prison, which did not sit well with the liberal members of the court. It set up the possibility that a criminal can be held for years after their prison sentence is up before being deported.
In the case before the justices, a group of mostly green card holders argued that unless immigrants were picked up immediately after finishing their prison sentence, they should get a hearing to argue for their release while deportation proceedings go forward. But in its the 5-4 decision on Tuesday, the Supreme Court ruled against them, deciding that federal immigration officials can detain undocumented immigrants at any time after their release from local or state custody. The court also ruled the government maintains broad discretion to decide who would represent a danger to the community in deciding who to release or detain.
The original case was a class action suit brought by several immigrants including a man who had already won his deportation case. He was released from prison in 2006, but not take into custody by immigration until 2013. A lower court had ruled the immigrants were free to go if they hadn’t been picked up immediately.
Liberals wanted a bond hearing set for such people. The court ruled that the statute did not have any such language. The Trump administration argued the same points as the Obama administration…of course that part will be overlooked entirely.
The Supreme Court says the government can detain — without a bond hearing — immigrants with past criminal records, even if years have passed since they were released from criminal custody. https://t.co/OIJAyjezng pic.twitter.com/qzpingaFz7— CNN (@CNN) March 19, 2019
The truth is that it would be almost impossible, especially at this time, for immigration officials to “immediately” take all the criminal aliens into custody after their prison sentences. There are literally thousands of them and the system is overwhelmed. DHS Secretary Nielsen reported that the national emergency at the border is real, and the illegal immigration problem is at its highest point since 2007. With a lack of enough funds and space to handle the problem, immigration officials have to prioritize their cases. This ruling takes some of the pressure off.