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SCOTUS: Criminal Illegals can be Detained at Any Time

SCOTUS: Criminal Illegals can be Detained at Any Time

The Supreme Court on Tuesday upheld the US government’s authority to detain noncitizens awaiting deportation at any time following their release from local or state custody.

The lawsuit was brought by a group of noncitizens from Washington and California who cited language from the Immigration Reform and Immigrant Responsibility Act – which states the US government can detain convicted illegals “when the alien is released” from prison.

As interpreted by the Trump Administration, this means the government can detain criminal illegals and place them into indefinite detention anytime after they are released from prison – even years later.

Plaintiffs insisted immigrants would need to be detained within 24 hours of their release from prison; otherwise they should have the opportunity to argue for release as deportation proceedings move forward.

In its 5-4 ruling, the Supreme Court upheld the Trump Administration’s interpretation of the law. The court also upheld the government’s power to determine who is released and who is detained based on a person’s perceived danger to the surrounding community.

“An official’s crucial duties are better carried out late than never,” wrote Justice Samuel Alito, who said it wasn’t the court’s job to impose time limits for when an illegal alien can be detained.

The ruling is a major victory for President Trump ahead of the 2020 election and an embarrassment for the San Francisco-based 9th Circuit Court, which had sided with the plaintiffs. 

In his dissenting opinion, Justice Stephen Breyer wrote: “I would have thought that Congress…did not intend to allow the government to apprehend persons years after their release from prison and hold them indefinitely without a bail hearing.”

Author’s Note: This is a huge victory for Trump and a major defeat for the 9th Circuit, which has repeatedly attacked and delayed Trump’s policies.

With the Supreme Court now structured in favor of conservatives, you would think the 9th would give up its attacks on Trump in favor of preserving its reputation. Either way, Tuesday’s ruling proves the Supreme Court will be a reliable foil to the 9th Circuit in future arguments.

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  1. marlene

    Dissenter Justice Stephen Breyer started his dissent with ““I would have thought that Congress…”, meaning he knows that Congress needs to enact a law in accordance with the Supreme Court’s decision, BUT is also reminding Congress that they don’t have to. This is where a corrupt Congress can blow this whole thing right out of the water. So I don’t expect to see much victory because this corrupt congress upholds only the decisions they want and ignores those it doesn’t. I want to see a case before the SCOTUS where it affirms the constitutional powers of the executive branch over all issues of immigration. Anything less and the demonrats will just double down on their pro-illegal position and continue to file lawsuits in Circuit and Appeals courts with democrat judges until they get the results they want. They are already frothing at the mouth with laws they hope will change the demographics, sovereignty, and legality of the presidential election to put their “Man in Havana” in the White House and flood the Supreme Court with their own people. What we need is every constitutional attorney and expert to speak up, loud, clear, and often on behalf of our nearly dead Republic.

    • Nancy Campbell

      Amen. Preach it !!! Do you ever listen to The KrisAnne Hall Show on YouTube ??
      She and her husband both teach the Constitution Of The United States.

  2. Barron

    It is a well known fact that UCLA has been searching for ways and teaching those ways around the Constitution of the USA for decades. Their Liberalism at just the University along have created billions of dollars problems that will take decades and a mountain of money to correct. Any Liberal that gets into office if fully supported by these idiots from California to make the US Tax Payer the provider of the world. The rest of the world laughs at us until just recently when Trump put the hammer down, now they are screaming like hell because the free-bees have been cut off or decreased.

  3. Shelba

    Only if sanctuary cities will allow the illegals to be detained, they slip them out the back door before ICE can come in to these illegals, the people of sanctuary cities should be arrested if the illegal commits another crime as well as the illegal