The Supreme Court will hear arguments tomorrow in two cases about whether immigrants detained more than six months have a right to a release hearing.
Stephen Yale-Loehr, professor of immigration law at Cornell Law School and co-author of a leading 21-volume immigration law series, says the decision will impact thousands of immigrants who are detained.
“The cases are important, in part because of the large backlog in immigration courts. Over 1.5 million immigrants have cases pending in immigration court. It can take years to get a decision. If immigrants must be detained that entire time, the monetary and social costs will be immense.
“Two lower courts held that in certain cases immigrants have a right to a hearing after six months of detention. The Supreme Court’s conservative majority may disagree.
“In one of the cases, Antonio Arteaga-Martinez argues that to avoid a due process violation, he and certain other immigrants should have a right to a bond hearing after six months in detention. Last year, however, the Supreme Court ruled 6-3 that immigrants who return to the United States illegally after being deported must be held without bond while they await a second deportation hearing.”