Administration asks Supreme Court to allow detention without bond for long-term residents

The administration on Friday asked the Supreme Court to allow detention without bond hearings for people arrested in its immigration enforcement actions, including those who have lived in the United States for years. The filing asks the justices to overturn a May decision by a federal appeals court that rejected the administration's interpretation of a 1996 immigration law.

That interpretation treats long-term residents as "applicants for admission" subject to mandatory detention.

Background on the policy The Department of Homeland Security adopted the position last year that non-citizens already living in the country qualify for mandatory detention. The Board of Immigration Appeals endorsed the view in September, leading immigration judges to order detention without bond in cases nationwide.

Three federal appeals courts have rejected the policy, while two have upheld it. The current petition cites the split among the courts and thousands of related lawsuits.

The Sixth Circuit ruling The petition targets a 2-1 decision by the Sixth Circuit in cases involving residents of Mexico, El Salvador, Venezuela, Nicaragua, and Guatemala arrested after years in the United States. The court held that the administration misread the 1996 law and that denying bond hearings violated due process rights under the Fifth Amendment.

The solicitor general argued that detention prevents individuals from evading removal proceedings and ensures their departure from the United States.