Supreme Court to hear challenge to indefinite detention of criminal immigrants
The Supreme Court has announced its decision to consider a case, genalo v. Black, concerning the legality of indefinite detention of criminal immigrants awaiting removal. The case arose after two immigrants, Carol Black and Keisy G.M., challenged their prolonged detention, with a federal appeals court ruling that due process requires a bond hearing if detention becomes excessively lengthy and that the government bears the burden of justification. The Justice Department seeks clarity from the Supreme Court on whether such detention can be indefinite and who bears the burden of proof. This case adds to a series of recent immigration-related cases the Supreme Court has examined. The Court is expected to hear arguments in the upcoming term, between October 2023 and April 2024, alongside other notable cases, including disputes over Trump’s immigration policies, gender-specific sports laws, and mail-in ballot counting. The current term is nearing its conclusion, with decisions expected soon.
The Supreme Court announced it would take up a case deciding whether the federal government can hold criminal immigrants in detention indefinitely pending removal, adding to the immigration cases the high court has heard in recent years.
The high court said Monday that it would hear the case Genalo v. Black, part of an orders list that included three cases accepted for arguments in the upcoming term and dozens of cases that the Supreme Court declined to take up. The Justice Department urged the high court to hear the case by looking at whether federal immigration officials may detain a criminal immigrant who is awaiting the conclusion of removal proceedings, indefinitely or if he or she should be given a bond hearing if the detention becomes “unreasonably prolonged.” The DOJ also asked the Supreme Court to address, if that bond hearing is necessary, whether the federal government holds the burden for proving why the illegal immigrant must remain in detention with “clear and convincing evidence.”
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The case deals with two criminal legal permanent residents, Carol Black and Keisy G.M., whom the government sought to remove from the country, citing their respective criminal convictions, and placed in detention pending removal proceedings before an immigration court. Both Black and G.M. filed habeas corpus petitions in federal court challenging the legality of their continued detention over its length, with their cases being combined at the U.S. Court of Appeals for the 2nd Circuit. The federal appeals court sided with the criminal immigrants, finding that the due process clause of the Constitution requires that a bond hearing be given if a detention becomes “unreasonably prolonged,” also holding that the government holds the burden for justifying the immigrants’ continued detention.
The Supreme Court agreed to take up the case on those two questions the DOJ presented, along with whether the case for one of the two criminal immigrants is moot. The case is expected to be heard by the Supreme Court during its next term, sometime between October and April 2027.
The Genalo case will become the latest instance of the high court reviewing immigration matters in recent terms, after the high court heard arguments this term in a case challenging President Donald Trump’s bid to end temporary protected status for Haiti and Syria, a dispute over when an immigrant has arrived at the U.S. border, and a case over whether federal courts must defer to immigration judges in asylum cases.
THE MAJOR SUPREME COURT DECISIONS REMAINING FOR THIS TERM
The Supreme Court announced three cases it would take up for its upcoming term, including Genalo, adding to the 11 others the high court has already said it will hear in the next term. The high court is expected to add dozens more cases to its upcoming term in the coming months.
The high court’s current term is expected to conclude by the end of the month, once the justices release the remaining opinions in the 20 cases they heard arguments for but have yet to decide. Some of the most closely watched cases awaiting a ruling include legal challenges to President Donald Trump’s firing ability, a pair of state laws barring biological males from women’s sports, and laws allowing late-arriving mail ballots to be counted.
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