Some bad immigration rights news today, courtesy of a godawful Supreme Court ruling that essentially allows the government to keep immigrants, including legal residents, in indefinite detention:
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.
The case, Jennings v. Rodriguez, has implications for legal permanent residents whom the government wants to deport because they committed crimes and asylum seekers who are awaiting a court date after turning themselves in at the border.
This case is a travesty. The lead plaintiff, Alejandro Rodriguez, is a legal permanent resident who was convicted of joyriding as a teen and then of “misdemeanor possession of a controlled substance” – presumably, he was found with a bit of pot – as an adult. There are native-born delinquents who get off with a stern warning for worse (presuming they’re White, of course), whereas Rodriguez was held in a detention camp for three years. It’s bad enough that fellow Supreme Court Justice Stephen Breyer dubbed the ruling “legal fiction” in his dissenting opinion.
There is some slight hope; the Supreme Court has kicked the case back to the lower Ninth Circuit court for reconsideration, which means this could still reach a different conclusion further down the line. But immigration lawyers aren’t holding their breaths. The immigration branch of the US legal system has always been a hot mess, and it’s only worsened under the Trump administration, which has given ICE and Border Patrol all the leeway they want to persecute and dehumanize the desperate people who cross the border hoping to find a better life. This ruling just reaffirms immigration advocates’ fears: The US government can do whatever it wants to migrants, up to and including dropping them in a prison camp and leaving them to rot, and there’s little anyone can do about it.
(via retweet by @pzmyers)