Supreme Court to Weigh Legality of Prolonged Immigrant Detention

The Supreme Court of the United States agreed on Monday to hear whether the government can legally detain noncitizens convicted of aggravated felonies for prolonged periods without providing bond hearings. The case involves two lawful permanent residents, Carol Williams Black and Keisy G.M., who were held by Immigration and Customs Enforcement for seven and 21 months, respectively, while facing deportation to the Dominican Republic and Jamaica.

The litigation follows a ruling by the U.S. Court of Appeals for the Second Circuit in New York, which found that the due process clause requires bond hearings for such detentions. The Trump administration appealed this decision, characterizing the lower court's view as seriously misguided. The Department of Justice is now seeking a categorical ruling that all lawful permanent resident detainees lack the right to a bond hearing regardless of the length of their detention.

Solicitor General D. John Sauer argues that mandatory detention is based on felony convictions alone, making individual assessments of flight risk or danger irrelevant. Conversely, the American Civil Liberties Union, representing the detainees, contends the government is attempting to strip individuals of fundamental due process protections. The ACLU further argues the case is moot because Black has left the country and G.M. was released in 2022. The Supreme Court will deliberate on this mootness before proceeding with hearings in the fall.