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Highest court rules in favor of government

On Behalf of | Mar 27, 2019 | Immigration |

Tennessee residents are generally entitled to due process if they are charged with a crime. However, immigrants who have been released from custody may be detained without a bond hearing. This may be true even if the immigrant was detained months or years after being released from custody. That was the decision that the Supreme Court made in a 5-4 vote favoring the federal government.

The case before the court was brought by permanent residents who were charged with a crime that could lead to their deportation. They argued that they were entitled to a bond hearing by law. However, Justice Alito said the law said no such thing. Ultimately, the court found that detaining individuals who posed a risk was mandatory regardless of when the detention took place. Justice Breyer read the dissenting opinion from the bench, and it essentially said that the ruling denied those individuals due process.

It is estimated that 30,000 individuals are held by the government on any given day while their immigration status is determined. However, there is no way of knowing exactly how many people could be impacted by the Supreme Court’s decision. The case does represent the harder stance that the government has taken in regard to enforcing immigration laws in recent years.

Those who are unsure of their rights as an immigrant may want to consult with an immigration attorney in order to learn more about the protections granted by the Constitution to all who are in the country. An attorney may also discuss the rights that permanent residents or others may have, and an individual may learn more about obtaining a green card or becoming a citizen.