Supreme Court: Illegal Immigrants That Were Previously Deported Will Not Receive Court Hearings If Caught Again

The Supreme Court has ruled that illegal immigrants that have previously been deported will not get a court hearing if they’re caught crossing into the U.S. illegally again, according to Fox News.

“[T]he finality of the order of removal does not depend in any way on the outcome of the withholding-only proceedings,” Justice Samuel Alito stated.

“If an immigration judge grants an application for withholding of removal, he prohibits DHS from removing the alien to that particular country, not from the United States,” Alito noted.

“Although the statute does not specify a time limit on how long DHS may detain an alien in the post-removal period, this Court has ‘read an implicit limitation’ into the statute ‘in light of the Constitution’s demands,’ and has held that an alien may be detained only for ‘a period reasonably necessary to bring about that alien’s removal from the United States.’”

“Studies have also found that, once withholding-only relief is granted, the alien is ordinarily not sent to another, less dangerous country. Rather, the alien typically remains in the United States for the foreseeable future,” Breyer said.

He also claimed that situations like the individuals in this case fall under an exception to the very law the majority relies on.

“In sum, I can find no good reason why Congress would have wanted categorically to deny bond hearings to those who, like respondents, seek to have removal withheld or deferred due to a reasonable fear of persecution or torture,” Breyer said.

“And I do not agree with the majority’s reading of the statute’s language as denying them that opportunity.”

— Advertisement —

From Fox News:

A 6-3 decision split between the court’s conservative and liberal justices held that a federal statute requiring detention for non-residents who have already received an administratively final removal order applied, even though the illegal immigrants were seeking withholding hearings to keep them from being sent back to their countries of origin. The court ruled that because they were now facing removal based on the reinstatement of the previous final order, they were not entitled to a hearing to argue for release.

The immigrants claimed that because they sought withholding hearings, the law governing final orders does not apply to their situation. Instead, they argued that the law that applies “pending a decision on whether the alien is to be removed from the United States” is relevant.

Alito made it clear that this was incorrect, because no question remains as to whether they would be removed from the U.S.

Alito noted that this would not mean that a person could simply be detained indefinitely.


Please enter your comment!
Please enter your name here