The Supreme Court will decide whether immigrants can be locked up indefinitely

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By Keegan Hamilton, VICE News (8 minute read)vice

The justices will decide whether a legal precedent set by [Alex] Lora will be allowed to stand. After Lora was detained, he successfully sued to get a bond hearing. When the Second Circuit Court of Appeals ruled in his favor, it gave every detained immigrant in the jurisdiction, which includes New York, Connecticut, and Vermont, the right to a bond hearing — now called a “Lora hearing” — within six months. The government appealed Lora’s case to the Supreme Court, along with Jennings v. Rodriguez, a case from the Ninth Circuit Court of Appeals that involves a nearly identical six-month bond policy for immigrant detainees in California, Arizona, Alaska, and Hawaii.

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The federal government, represented at the Supreme Court by the solicitor general, has argued that immigrant detainees shouldn’t be eligible for bond because the right to due process guaranteed by the Fifth Amendment doesn’t apply to people who aren’t U.S. citizens. Acting Solicitor General Ian Heath Gershengorn wrote that it’s a matter of “controlling the border,” and “protecting the public from criminal aliens.” He also said immigrants have “adequate protections and opportunities for relief and review.”

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[Photo by Penn State/Flickir]

 

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