The Supreme Court has backed the Trump Administration’s plan to detain illegal immigrants indefinitely while immigration authorities investigate the nature of their legal status. Illegal immigration is driving a spike in violent crime across the nation, and has been on the forefront of the Trump Administration’s priorities since day one.
In a 5-3 ruling on Tuesday, Supreme Court Justice Elena Kagan declared that alien immigrants are guaranteed no right to periodic bond hearings. While it is strongly opposed by some solicitors, it is a preventative measure to limit illegal immigration into the country. The Obama Administration offered expatriates who are smuggled into the country without a legal entry, as children are exploiting legal status to more than 1.4 million people under the DACA program, and to a certain extent, the DACA legislative.
The ruling disappointed immigration advocates who were in favor of a six-month bail health time and opposed an indefinite remand. Trump Administration filed an appeal for a ruling by Ninth Circuit Court of Appeals last year, seeking an indefinite detention for immigrants residing illegally in the country, as it is a danger to national security. The Supreme Court’s decision is in favor of Trump administration. However, General Ian Gershengorn, acting solicitor, said in November 2016, “To impose a rigid six-month rule like the Court of Appeals did is really a mistake,” arguing in favor of a bail-hearing that was initially in place.
In the majority opinion, Justice Samuel Alito wrote, “Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country.”
Lucas Guttentag, Stanford Law professor, said that the Tuesday ruling will, the class action question would practically and enormously affect people who are in custody and do not have access to personal lawyers. He added, “If they’re required to proceed individually, many of them will never be able to pursue their claims,” he says. “A class action provides protection to everyone, not just to those who have a lawyer who can file a lawsuit.”
However, illegal immigration in the United States has been a major concern for decades, as people enter the country as children and file for refugee status, as they grow older.