This week, the highest court in the land sided with the Trump administration on an immigration issue that can potentially affect even legal United States immigrants.
The Supreme Court sided with the government, which effectively granted them the authority to indefinitely detain those legal immigrants who await deportation following the completion of prison terms.
Immigration hardliner Trump’s two appointed justices, Brent Kavanaugh and Neil Gorsuch, aligned with their conservative comrades in a 5-4 victory.
The court ruled that the authorities now have much greater leeway to detain immigrants without bail and are not limited to detaining them right after completion of their time served.
The ruling was authored by Justice Samuel Alito. Yet the decision left possibility that it might still be possible for these detained immigrants to challenge their detention. They could argue that using a 1996 federal law cited in the case against them, the Illegal Immigration Reform and Immigrant Responsibility Act, long after they served their time is a violation of their constitutionally-protected due process rights.
This is the latest salvo in the administration’s open war against both legal and undocumented immigrants. It has the potential to create detrimental conditions for many in the immigrant community here in New Orleans and elsewhere.
Immigration laws are in a state of near-constant flux and are a primary focus of this administration as the government seeks to reduce the number of both legal and illegal immigrants who are coming to America.
Despite this setback, it may still be possible to successfully challenge an immigration detention under the law. To learn more, contact an immigration law attorney.