This class action lawsuit arising in California challenged the Federal government’s indefinite detention of immigrants whilst awaiting the outcome of their deportation cases. In a previous decision by the Ninth Circuit District Court, the court mandated bond hearings every six-months of detention and banned detention beyond the initial six-month period unless clear and convincing evidence proved that further detention would be justified.
The Supreme Court reversed this decision, stating that the Immigration and Nationality Act of 1952 did not grant detainees the right to periodic bond hearings while in detention. Prolonged detention is an extremely serious concern for immigrants. In addition to physical and physiological harm from detention and solitary confinement, lack of timely bond hearings makes it impossible for immigrants to argue their case, and drawn out legal processes can result in thousands of dollars in debt from legal fees and lost income.Back to top
seek the right to "Liberty."
remember that liberty
put thousands of individuals at risk of lengthy confinement
all within the United States
but all without hope of bail
"Despite the clear language of §§ 1225(b)(1) and (b)(2), respondents argue — and the Court of Appeals held — that those provisions nevertheless can be construed to contain implicit limitations on the length of detention. But neither of the two limiting interpretations offered by respondents is plausible."