The Supreme Court has come under fire after it handed the Trump administration a victory in its hardline immigration crackdown on Tuesday. It came to a 5-4 decision that will give the government the power to detain immigrants with criminal convictions indefinitely without a bond hearing, long after they have served time for their crimes.
In the case brought before the Supreme Court, Nielsen v. Preap, the American Civil Liberties Union represented immigrants who were challenging the federal government's broad interpretation of a 1996 law, 110 Stat. 3009–585, 8 U. S. C. §1226, which states that immigrants arrested for deportation must be detained "when [they are] released" from custody on criminal charges and must generally be detained without a bond hearing until questions around their removal are resolved.
The Southern Poverty Law Center was quick to slam the Supreme Court's decision, with Mary Bauer, the organization's legal director, saying in a statement sent to Newsweek that the Supreme Court had"dealt another blow to immigrants' rights by ruling that certain immigrants are not entitled to bond hearings."
In his own dissent, liberal Justice Stephen Breyer said the court's ruling raised serious questions around due process, asserting that the decision “runs the gravest risk of depriving those whom the government has detained of one of the oldest and most important of our constitutionally guaranteed freedoms."
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