Because SCOTUS has continued its deference to the Executive branch on immigration. Read it and weep.
The Supreme Court on Tuesday ruled that the federal government can detain immigrants indefinitely for past crimes, even if they have been previously released.
Justice Samuel Alito wrote in a 26-page majority opinion that the U.S. Court of Appeals for the 9th Circuit — a popular Trump target — incorrectly interpreted the federal statute that outlines procedures for mandatory detention.
Alito said “neither the statute’s text nor its structure“ supported the contention that immigrants convicted of a crime must be detained immediately to be held in detention without bond.
“Especially hard to swallow” was the plaintiffs’ argument that immigrants could be placed in mandatory detention only if they were arrested on the day they left jail, Alito argued.
Justice Brett Kavanaugh issued a concurring opinion, as did Justices Clarence Thomas and Neil Gorsuch.
In a dissent, the court’s liberal wing argued federal law did not permit mandatory detention for immigrants previously released after a conviction.
My Immigration Law prof calls DJT racist about 5 times a week in our class. I’m sorry I’m going to have to miss her spittle-flecked reaction tomorrow. I have the flu.