The U.S. Supreme Court ruled Tuesday that immigrants, even those with permanent legal status and asylum seekers, do not have the right to periodic bond hearings.
It’s a profound loss for those immigrants appealing what are sometimes indefinite detentions by the government. Many are held for long periods of time — on average, 13 months — after being picked up for things as minor as joyriding. Some are held even longer.
As we wrote in June 2017, the case “has implications for legal permanent residents that the government wants to deport because they committed crimes and for asylum seekers who are awaiting a court date after turning themselves in at the border. Immigrants’ advocates contend that many of these immigrants have a right to be free on bail until their case is heard.”
But the court wrote in its 5-3 opinion Tuesday, “Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country.”
The majority opinion was penned by Justice Alito and joined by the court’s conservatives. (Justice Kagan did not participate. She recused herself, stemming from work she had done as President Obama’s solicitor general.)
The decision reversed a Ninth Circuit ruling and the court remanded it for the Ninth to reconsider the case.
Neoliberalism has finally been defeated by Donald Trump and Neil Gorsuch. Habeas Corpus was totally neoliberal anyway.