Weiss, Alden & Polo, P.A. - Miami and Boca Raton Immigration Attorneys Weiss, Alden & Polo, P.A. - Miami and Boca Raton Immigration Attorneys
Call us with questions
305-358-1500 Miami-Dade
561-393-7400 Palm Beach County
954-406-1833 Broward
888-810-6621 Toll Free

SCOTUS grants cert in case examining bond hearings for detained immigrants

Legal experts, as well as families and immigrant communities across the United States are eagerly awaiting the decision of the Supreme Court of the United States in U.S. v. Texas, the case examining the constitutionality of President Obama's 2014 executive order calling for the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents program.

While the decision in U.S. v. Texas will likely be handed down in just a few weeks, SCOTUS nevertheless made headlines in another immigration-related matter just yesterday by granting certiorari in Jennings v. Rodriguez.

The case revolves around a 2015 decision by the 9th U.S. District Court of Appeals in a class action lawsuit filed by the American Civil Liberties Union on behalf of close to 1,000 immigrants held an average of 404 days in detention centers across California. Here, the three-judge panel held that the federal government violates the due process rights of immigrants when it detains them indefinitely.

It went on declare that any immigrant held in a detention center for more than six months is automatically entitled to a bond hearing, at which the federal government must demonstrate that the immigrant poses either a flight risk or a danger to the community.

The Department of Justice, which sought review by the nation's high court, is arguing that the 9th Circuit's decision will not only create something of a procedural nightmare given the number of bond hearings that would be required, but will also impede the federal government's ability to combat terrorism and control the borders.

"[The decision] creates an incentive for people to make a potentially life-threatening trip to this country, to abuse our legal process to obtain entry into the United States, and then to disappear rather than appear at any removal proceedings," said DOJ officials.

For its part, the ACLU argued that the ruling is reasonable, and that the new hearing requirement will neither place an undue burden on the government nor result in every immigrant being granted automatic release.

Oral arguments in the case will be held during SCOTUS' next term, which begins in October and ends in June 2017.

Stay tuned for updates ...

If you or a loved one have been detained by the federal government, and are facing the risk of deportation, it's important to consider speaking with an experienced legal professional as soon as possible.

No Comments

Leave a comment
Comment Information