(312) 767-8611

SCOTUS and DOJ back at detention dilemma

Grey Ibrahim logo

SCOTUS and DOJ back at detention dilemma

A hearing at the Supreme Court last week is the latest in a debate on whether to grant bond to immigrants being held for deportation indefinitely.

Biden administration lawyers urged the Supreme Court to overturn rulings in California and Pennsylvania guaranteeing bond hearings to immigrants whose claims take extensive time for resolution. Those courts ruled that immigrants deserve a bond hearing if they are being held for more than six months.

But Supreme Court justices are in disagreement with the Justice Department lawyers, claiming Constitutional grants of due process warrant bond hearings for this category of detainees.

The Supreme Court cited a 20-year-old opinion by Justice Stephen G. Breyer, who then said the Constitution doesn’t allow for a person to be held in jail without a hearing, and that the same therefore applies to immigrants in detention. It’s a dilemma facilitated by adjudicators unable to decide whether to follow strict immigration law or the Constitution’s eighth amendment.

A number of advocacy groups have backed the Supreme Court in this ongoing debate, including the American Civil Liberties Union, which said the Biden administration “is on the wrong side in this crucial immigration case.”

This is the third time in recent years that the Supreme Court has tried to resolve the conflict between the federal push to hold immigrants and those detainees and advocates fighting for trials.

If you or someone you know has questions about the developments of this case and how it may affect your status, please contact our team at Ibrahim Law Offices.

How Can We Help?

Contact Form Spanish and English

Our Services

More Immigration Blogs

Immigration Testimonials

Hear From Our

  • Five Star Rated Immigration Attorney Ibrahim Law

    "One of the top immigration lawyers in Chicagoland. Michael Ibrahim is attentive, supportive, and knowledgeable. One of his best abilities is his availability. He responds to emails with attention and detail, often on the same day. Don't underestimate that in dealing with any immigration matter. He is personable; he does not simply collect fees and treat you like a client but rather like a friend. Your success is his success, and he understands that. If Michael were a surgeon, accountant, or another lawyer in any other field. I would want him. You cannot replicate him.." -Yousef S.

  • Five Star Rated Immigration Attorney Ibrahim Law

    "My wife and I are very thankful for Micheal Ibrahim. Before we hired him, we approached many immigration lawyers over ten years to duplicate documents that were destroyed in a fire. The results were disappointing. Micheal was able to find the lost documents. My wife got her permanent residency. He was always available for us during a stressful time. We would like to thank Michael for his knowledge, professionalism, and expertise. We would definitely recommend Michael for immigration services." -Farzad D.

  • Five Star Rated Immigration Attorney Ibrahim Law

    "Michael took over my case, which had been in immigration proceedings for many years, and I am so glad that he did. He is very professional, kept my husband, and I informed of every step of the process, and gave us the most honest and beneficial advice! Highly recommended for anyone who is in need of a great immigration attorney! Thank you again, Michael!" -Nida F.

Contact Form Demo