On February 27, The Supreme Court, in a contentious conservative majority, rejected the right for immigrants who are facing deportation to have bond hearings, implying many will remain in detention without due process of law.
The U.S. Supreme Court has ruled that immigrants who are facing deportation are not entitled to a bond hearing twice in a year under federal laws.
In a 5 : 3 decision, the court overturned the 9th Circuit ruling which had granted immigrant detainees to be heard on bond every six months. The 9th Circuit Court had ruled that an immigrant, held in detention, must be given a bond hearing at least every six months while in custody. Moreover, that detention beyond the initial six months period is permitted only if the government proved that further detention is justified.
In a rare oral dissent, Justice Breyer said, “we need merely remember that the Constitution’s Due Process Clauses protects a persons’ liberty from arbitrary deprivation.”
“No one can claim, nor since the time of slavery has anyone to my knowledge success fully claimed, that persons held within the United States are without total constitutional protection,” he said.