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WASHINGTON, DC – Criminal aliens are not shielded from a federal mandatory- detention law when federal agents do not arrest them immediately upon release from state prisons, according to a 5-4 Supreme Court decision on Wednesday, rejecting arguments from the ACLU and left-wing politicians.
The case involves a provision of federal law requiring federal detention of certain classes of aliens while the government seeks to deport them, both legal and illegal. The U.S. Court of Appeals for the Ninth Circuit interpreted the law in a way that severely limited the U.S. Department of Homeland Security’s authority to detain those aliens while deportation proceedings are underway.
Aliens - Release - Bond - Parole - Question
“Aliens who are arrested because they are believed to be deportable may generally apply for release on bond or parole while the question of their removal is being decided,” Justice Samuel Alito began for the Court, citing 8 U.S.C. § 1226(a), which applies to most noncitizens. “These aliens may secure their release by proving to the satisfaction of a Department of Homeland Security officer or an immigration judge that they would not endanger others and would not flee if released from custody.”
“Congress has decided, however, that this procedure is too risky in some instances. Congress therefore adopted a special rule for aliens who have committed certain dangerous crimes and those who have connections to terrorism,” the Court continued, pivoting to the federal law at issue in this case. Under “8 U. S. C. § 1226(c), these aliens must be arrested when they are released from custody on criminal charges and (with one narrow exception not involved in these cases) must be detained without a bond hearing until the question of their removal is resolved.”
Alito - § - Applies - Aliens - Rule
Alito explained that § 1226(a) “applies to most … aliens, and it sets out the general rule regarding their arrest and detention pending a...
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