The Supreme Court on Tuesday ruled that the federal government can detain people who repeatedly enter the country illegally while their asylum hearings play out in court.
The decision, which split the court’s conservatives and liberals 6-3, was a win for supporters of tighter immigration regulations. Justice Samuel Alito, writing in the court’s majority opinion, said that noncitizens who come back into the country after having been deported show “a willingness to violate the terms of a removal order” and can’t be given the option of bail for that reason.
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Alito added that there were “obvious” reasons to treat repeat offenders more harshly. Chief Justice John Roberts, as well as Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, joined him in that opinion.
Thomas joined Alito’s opinion but added that he would have dismissed the case for lack of jurisdiction.
Justice Stephen Breyer, who led the court’s liberals in dissent, said that the facts of the case tilted his opinion more toward the noncitizens. In the case, a group of Salvadoreans who had been deported illegally reentered the country after they faced the fear of torture at the hands of gangs in their home country.
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“Why would Congress want to deny a bond hearing to individuals who reasonably fear persecution or torture, and who, as a result, face proceedings that may last for many months or years,” Breyer wrote in his dissent, arguing for leniency.
An appeals court found that the noncitizens were eligible for bail. Other appeals courts, however, were split on the question, which prompted the Supreme Court to take up the case.
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Tags: News, Supreme Court, Immigration, Border, Samuel Alito, Clarence Thomas, Stephen Breyer, SCOTUS
Original Author: Nicholas Rowan
Original Location: Supreme Court allows government to detain people who repeatedly cross border illegally