AP

Supreme Court Rules Against Immigrants In Detention Case

Mar 19, 2019, 10:48 AM | Updated: Jun 8, 2022, 5:14 pm
The U.S. Supreme Court in Washington, DC. (Photo by Win McNamee/Getty Images)
(Photo by Win McNamee/Getty Images)

WASHINGTON (AP) — The Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.

The issue in the case before the justices had to do with the detention of noncitizens who have committed a broad range of crimes that make them deportable. Immigration law tells the government to pick those people up when they are released from custody and then hold them while an immigration court decides whether they should be deported.

But those affected by the law aren’t always picked up immediately and are sometimes not detained until years later. In the case before the Supreme Court, a group of mostly green card holders argued that unless they’re picked up essentially within a day of being released, they should be entitled to a hearing where they can argue that they aren’t a danger to the community and are not likely to flee. If a judge were to agree, they would not have to remain in custody while their deportation case goes forward. That’s the same hearing rule that applies to other noncitizens the government is trying to deport.

But the Supreme Court disagreed with the immigrants’ interpretation of federal law in a 5-4 ruling that divided the court along ideological lines. Looking at a statutory provision enacted by Congress in 1996, Justice Samuel Alito wrote that “neither the statute’s text nor its structure” supported the immigrants’ argument. The court’s conservative justices sided with the Trump administration, which argued as the Obama administration did, against hearings for those convicted of crimes and affected by the law.

The case before the justices involved a class-action lawsuit brought by noncitizens in California and a similar class-action lawsuit brought in the state of Washington. One of the lead plaintiffs, Mony Preap, has been a lawful permanent resident of the United States since 1981 and has two convictions for possession of marijuana. He was released from prison in 2006 but was not taken into immigration custody until 2013.

Preap won in lower courts, and the government was ordered to provide him and other class members a bond hearing. Preap has since won his deportation case.

The case is 16-1363 Nielsen v. Preap.

___

Follow Jessica Gresko on Twitter at http://twitter.com/jessicagresko

KSL 5 TV Live

Top Stories

AP

FILE PHOTO - (Deseret News)...
Associated Press

Hundreds of cars pack Nevada streets for illegal stunts

Police in northern Nevada say thousands of people in hundreds of cars took over parking lots and intersections Friday night.
1 day ago
Former U.S. President Donald Trump speaks during the Conservative Political Action Conference (CPAC...
FARNOUSH AMIRI, Associated Press

Archives: Records from Trump WH staffers remain missing

The National Archives has informed congressional lawmakers that a number of electronic communications from Trump White House staffers remain missing.
1 day ago
U.S. President Joe Biden delivers remarks during a reception to celebrate the Jewish New Year with ...
MATTHEW LEE, FATIMA HUSSEIN and AAMER MADHANI, Associated Press

Biden vows Russia won’t ‘get away with’ Ukraine annexation

The United States and its allies are hitting back at Russia’s annexation of four more Ukrainian regions, slapping sanctions on more than 1,000 Russian individuals and companies.
2 days ago
U.S. Supreme Court Associate Justice Ketanji Brown Jackson and Chief Justice John Roberts pause for...
MARK SHERMAN, Associated Press

Justice Jackson makes Supreme Court debut in brief ceremony

Justice Ketanji Brown Jackson has made her first appearance on the Supreme Court bench in a brief courtroom ceremony three days before the start of the high court’s new term.
2 days ago
Rain from Hurricane Ian floods a street on September 30, 2022 in Charleston, South Carolina. Ian hi...
Meg Kinnard and Adriana Gomez Licon, Associated Press

Ian makes landfall again, this time in South Carolina

Hurricane Ian has made another landfall, this time in South Carolina, after carving a swath of destruction across Florida earlier this week.
2 days ago
President Joe Biden gestures as he speaks during the 77th session of the United Nations General Ass...
Fatima Hussein, Associated Press

US hits Russia with sanctions for annexing Ukrainian regions

The U.S. has sanctioned more than 1,000 people and firms connected to Russia’s invasion of Ukraine, including its Central Bank governor and families of Security Council members.
2 days ago

Sponsored Articles

Portrait of smiling practitioner with multi-ethnic senior people...
Summit Vista

How retirement communities help with healthy aging

There are many benefits that retirement communities contribute to healthy aging. Learn more about how it can enhance your life, or the life of your loved ones.
Happy diverse college or university students are having fun on their graduation day...
BYU MBA at the Marriott School of Business

How to choose what MBA program is right for you: Ask these questions before you apply!

Wondering what MBA program is right for you? Take this quiz before you apply to see if it will help you meet your goals.
Cloud storage technology with 3d rendering drawer with files in cloud...
PC Laptops

How backing up your computer can help you relieve stress

Don't wait for something bad to happen before backing up your computer. Learn how to protect your data before disaster strikes.
young woman with stickers on laptop computer...
Les Olson

7 ways print marketing materials can boost your business

Custom print marketing materials are a great way to leave an impression on clients or customers. Read for a few ideas to spread the word about your product or company.
young woman throwing clothes to organize a walk in closet...
Lighting Design

How to organize your walk-in closet | 7 easy tips to streamline your storage today

Read our tips to learn how to organize your walk-in closet for more storage space. These seven easy tips can help you get the most out of your space.
Types of Computer Malware and Examples...
PC Laptops

5 Nasty Types of Computer Malware and Examples | Everything You Need to Know to Keep Your Computer and Family Safe

Here are the different types of computer malware and examples that could potentially infect your computer.
Supreme Court Rules Against Immigrants In Detention Case