SCOTUS Reverses Lower Court Decision On Immigrant Bond Hearings

February 27, 2018

The U.S. Supreme Court ruled Tuesday that some detained immigrants do not have the right to regular bond hearings.

The 9th U.S. Circuit Court of Appeals, which includes Arizona, had previously ruled that certain groups of immigrants were entitled to a bond hearing after six months of detainment. 

In a 5-3 decision, the Supreme Court reversed the lower court’s ruling and found that the 9th U.S. Circuit erred in its interpretation of immigration laws.

Writing for the majority, Justice Samuel Alito said the six-month limit for detainment without a hearing was drawn “out of thin air.”

Writing for the dissent, Justice Stephen Breyer said bond hearings are part of due process, and it's likely that they’re constitutionally required for non-citizens whose detainment has been prolonged.

EDITOR'S NOTE: The headline has been modified to correct a typo.