Key facts
- The Supreme Court will hear an appeal from the Trump administration regarding the detention of certain convicted immigrants.
- The case challenges the legality of prolonged detention without bond hearings for immigrants facing deportation.
- A lower court ruled that such detentions violate the Constitution's due process rights.
- The appeal involves two immigrants in New York convicted of aggravated felonies.
- Arguments are expected in the October term, with a ruling anticipated later.
The U.S. Supreme Court has agreed to review a case concerning the prolonged detention of certain convicted immigrants facing deportation proceedings, specifically whether such detentions without bond hearings violate due process rights.
The Trump administration is appealing a ruling from the 2nd U.S. Circuit Court of Appeals, which stated that the Constitution's Fifth Amendment guarantees non-U.S. citizens convicted of certain crimes the right to a hearing to determine if they can be released on bail. This ruling stemmed from the cases of two men in New York, one convicted of assault and the other of sexually abusing a child, who were detained for extended periods.
One of the men, identified as G.M., a Dominican lawful permanent resident, was detained for 21 months after pleading guilty to assault before being released due to COVID-19 concerns. The other, Jamaican citizen Carol Black, convicted of child sexual abuse, was taken into custody in 2019 and later granted a bail hearing, eventually being released on a $15,000 bond. His case is argued by his lawyer to be moot as he and his wife have left the U.S.
The 2nd Circuit had previously found it unreasonable for Black to be detained for seven months and G.M. for nearly two years without a chance to qualify for bail, though it did not set a strict time limit. The court also stated that the government must prove by clear and convincing evidence that a detainee poses a flight risk or danger to the community if it seeks to maintain detention.
The Supreme Court is expected to hear arguments in the case during its term beginning in October. The court has previously supported the Trump administration in several immigration-related emergency rulings.