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| J. Scott Applewhite/AP Photo |
The Supreme Court ruled 6-3 that previously deported illegal aliens again facing deportation who claim a fear of persecution if they are removed to their country of origin may be indefinitely detained by the government.
Over the dissent of its three Democrat-appointed justices, the high court found that those noncitizens aren’t entitled to a hearing about whether they should be released while the government processes their claims.
Justice Samuel Alito wrote the court’s opinion in Johnson v. Guzman Sanchez, which was made public on June 29. Oral arguments took place telephonically on Jan. 11. Before that, both the trial court and the U.S. Court of Appeals for the 4th Circuit ruled against the government.
Not allowing people who have already been deported to seek release on bond makes sense, Alito wrote in the court’s opinion.
“Aliens who reentered the country illegally after removal have demonstrated a willingness to violate the terms of a removal order, and they therefore may be less likely to comply with the reinstated order,” he wrote. --->READ MORE HERE
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| Photo by Drew Angerer/Getty Images |
The Supreme Court in a 6-3 ruling issued Tuesday said that previously deported illegal immigrants who are detained after re-entering the United States and claim asylum must remain in federal custody while their cases are processed.
The court majority, in an opinion written by Justice Samuel Alito, said that certain migrants are not entitled to a bond hearing about whether they should be released from detention while the government processes their asylum claims. Democrat-appointed Justices Sonia Sotomayor, Stephen Breyer, and Elena Kagan dissented.
The case, Johnson v. Guzman Chavez, related to foreigners who had been previously deported and, when detained after re-entering the United States illegally, tried to halt their deportation proceedings by claiming asylum.
When a migrant claims asylum in the U.S., federal law provides that immigration officers must determine whether the alien has a "reasonable fear" for their safety if he is deported to his home country. If that noncitizen alien is detained by the federal government, under normal circumstances he is entitled to a bond hearing where he can seek release. If an immigration judge determines a detained migrant meets certain criteria, he can be released while his asylum claims are processed. --->READ MORE HEREFollow links below to related stories:
Supreme Court Rules Noncitizens Who Re-Enter U.S. Illegally Must Be Held
Supreme Court denies bond hearings for illegal immigrants who return after being deported
Supreme Court allows government to detain people who repeatedly cross border illegally
Supreme Court Splits on Immigrant Flight Risk in Re-Deportation Cases
Supreme Court says no right to hearing for some immigrants
Supreme Court rules against bond hearings for deportees who reentered US
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