Supreme Court to review prolonged detention of noncitizens without bond hearings
The Supreme Court agreed Monday to decide whether the government can hold noncitizens in detention for extended periods without a bond hearing. The case involves two green card holders convicted of aggravated felonies who were detained for seven months and nearly two years.
The Supreme Court on Monday agreed to decide whether the government may hold noncitizens in detention for prolonged periods without a bond hearing. At the center of the dispute are two green card holders convicted of aggravated felonies whom immigration officials sought to deport to the Dominican Republic and Jamaica.
One man was held for seven months and the other for nearly two years while their removal cases were pending, and neither received a hearing to assess flight risk or eligibility for bond.
A federal appeals court in New York ruled in 2024 that the due process clause requires a bond hearing for prolonged detention. "
The Trump administration has reclassified some immigrants to place more people into mandatory detention, a policy that has faced repeated court challenges.
The two men are represented by the American Civil Liberties Union, which argued the Supreme Court should decline the case because one man had already left the country and the other had been released. In 2016 the Supreme Court heard a similar challenge and concluded that federal law did not require bond hearings, though the divided decision left open whether the Constitution would require hearings after prolonged detention.
