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Protesters take part in a Solidarity Rally Against Deportation at Foley Square near the Immigration and Customs Enforcement (ICE), office on March 9, 2017 in New York City. (Photo by John Moore/Getty Images)
In a decision that could be devastating for thousands who have been swept up by President Donald Trump's deportation dragnet and immensely profitable for the private prison industry, the Supreme Court ruled on Tuesday that immigrants--including those with permanent legal status--do not have the right to bond hearings and can be detained indefinitely.
"The government's practice of locking up immigrants indefinitely as they defend their right to remain in the U.S. is horrific."
--ACLUThe 5-3 ruling tosses out a 2015 lower court decision that stated immigrant detainees are entitled to a bond hearing every six months. The Obama administration appealed that ruling to the Supreme Court, and the Trump administration continued the case.
In a statement on Tuesday, the ACLU--which represented the lead plaintiffs in the case--said the Supreme Court's decision "will impact the lives of thousands of people, including lawful permanent residents, asylum seekers, and survivors of torture."
"The government's practice of locking up immigrants indefinitely, without even a hearing to determine if they pose a risk of flight or danger to the community, as they defend their right to remain in the U.S. is horrific," the group added. "As the Trump administration detains immigrants at record-breaking levels, tearing apart families and entire communities, we will not stop fighting for immigrants' constitutional rights."
Others expressed similar alarm at a ruling that effectively enshrines what was already the common practice of prolonged detention under Trump and his predecessors--which the three dissenting Supreme Court justices argued is a clear violation of the constitutional right to due process.
The case was originally brought in 2007 on behalf of Alejandro Rodriguez, a legal permanent resident who was convicted for joyriding and misdemeanor possession of a controlled substance.
Rodriguez was detained for three years without a bond hearing while the government attempted to deport him. He was finally released after the ACLU sued the government, and he ultimately won his immigration case.
Following the Supreme Court's ruling on Tuesday, the ACLU vowed to continue fighting in the lower courts.
"We have shown through this case that when immigrants get a fair hearing, judges often release them based on their individual circumstances," said ACLU attorney Ahilan Arulanantham. "We look forward to going back to the lower courts to show that these statutes, now interpreted by the Supreme Court to require detention without any hearing, violate the Due Process Clause."
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
In a decision that could be devastating for thousands who have been swept up by President Donald Trump's deportation dragnet and immensely profitable for the private prison industry, the Supreme Court ruled on Tuesday that immigrants--including those with permanent legal status--do not have the right to bond hearings and can be detained indefinitely.
"The government's practice of locking up immigrants indefinitely as they defend their right to remain in the U.S. is horrific."
--ACLUThe 5-3 ruling tosses out a 2015 lower court decision that stated immigrant detainees are entitled to a bond hearing every six months. The Obama administration appealed that ruling to the Supreme Court, and the Trump administration continued the case.
In a statement on Tuesday, the ACLU--which represented the lead plaintiffs in the case--said the Supreme Court's decision "will impact the lives of thousands of people, including lawful permanent residents, asylum seekers, and survivors of torture."
"The government's practice of locking up immigrants indefinitely, without even a hearing to determine if they pose a risk of flight or danger to the community, as they defend their right to remain in the U.S. is horrific," the group added. "As the Trump administration detains immigrants at record-breaking levels, tearing apart families and entire communities, we will not stop fighting for immigrants' constitutional rights."
Others expressed similar alarm at a ruling that effectively enshrines what was already the common practice of prolonged detention under Trump and his predecessors--which the three dissenting Supreme Court justices argued is a clear violation of the constitutional right to due process.
The case was originally brought in 2007 on behalf of Alejandro Rodriguez, a legal permanent resident who was convicted for joyriding and misdemeanor possession of a controlled substance.
Rodriguez was detained for three years without a bond hearing while the government attempted to deport him. He was finally released after the ACLU sued the government, and he ultimately won his immigration case.
Following the Supreme Court's ruling on Tuesday, the ACLU vowed to continue fighting in the lower courts.
"We have shown through this case that when immigrants get a fair hearing, judges often release them based on their individual circumstances," said ACLU attorney Ahilan Arulanantham. "We look forward to going back to the lower courts to show that these statutes, now interpreted by the Supreme Court to require detention without any hearing, violate the Due Process Clause."
In a decision that could be devastating for thousands who have been swept up by President Donald Trump's deportation dragnet and immensely profitable for the private prison industry, the Supreme Court ruled on Tuesday that immigrants--including those with permanent legal status--do not have the right to bond hearings and can be detained indefinitely.
"The government's practice of locking up immigrants indefinitely as they defend their right to remain in the U.S. is horrific."
--ACLUThe 5-3 ruling tosses out a 2015 lower court decision that stated immigrant detainees are entitled to a bond hearing every six months. The Obama administration appealed that ruling to the Supreme Court, and the Trump administration continued the case.
In a statement on Tuesday, the ACLU--which represented the lead plaintiffs in the case--said the Supreme Court's decision "will impact the lives of thousands of people, including lawful permanent residents, asylum seekers, and survivors of torture."
"The government's practice of locking up immigrants indefinitely, without even a hearing to determine if they pose a risk of flight or danger to the community, as they defend their right to remain in the U.S. is horrific," the group added. "As the Trump administration detains immigrants at record-breaking levels, tearing apart families and entire communities, we will not stop fighting for immigrants' constitutional rights."
Others expressed similar alarm at a ruling that effectively enshrines what was already the common practice of prolonged detention under Trump and his predecessors--which the three dissenting Supreme Court justices argued is a clear violation of the constitutional right to due process.
The case was originally brought in 2007 on behalf of Alejandro Rodriguez, a legal permanent resident who was convicted for joyriding and misdemeanor possession of a controlled substance.
Rodriguez was detained for three years without a bond hearing while the government attempted to deport him. He was finally released after the ACLU sued the government, and he ultimately won his immigration case.
Following the Supreme Court's ruling on Tuesday, the ACLU vowed to continue fighting in the lower courts.
"We have shown through this case that when immigrants get a fair hearing, judges often release them based on their individual circumstances," said ACLU attorney Ahilan Arulanantham. "We look forward to going back to the lower courts to show that these statutes, now interpreted by the Supreme Court to require detention without any hearing, violate the Due Process Clause."