Trump Publishes New Details About Retaking the Panama Canal
Post-Assad Syrian Christians Rise Up to Celebrate Christmas
Since When Did We Republicans Start Being Against Punishing Criminals?
Taking Another Look At ‘Die Hard’
Russia Blamed for Devastating Airline Crash That Killed 38 Passengers Near Ukraine
Protecting the Lives of Murderers, but Not Babies
Wishing for Santa-Like Efficiency in the USA
Texas Woman Arrested and Charged After Authorities Made This Horrifying Discovery
Man Arrested for Attempted Murder After Plowing Car Through Group of People on...
Bill Maher: 'This Is What I F***ing Hate About the Left'
Remember the Man Accused of Murdering Four University of Idaho Students? Well...
Russia Launched an ‘Inhumane’ Christmas Day Attack on Ukraine
Celebrating the Miracle of Redemption
A Letter to Jesus
Here's Why Texas AG Ken Paxton Sued the NCAA
Tipsheet

SCOTUS: Repeat Illegal Immigrants Ineligible for Bond While Fighting Deportation

AP Photo/Daniel Ochoa de Olza

In a decision announced Tuesday morning, the Supreme Court ruled 6-3 against a subset of illegal immigrants on the question of whether they are entitled to bond hearings while fighting deportation, reversing the Fourth Circuit Court of Appeals.

Advertisement

The majority opinion in Johnson v. Guzman Chavez — a narrow case questioning whether previously deported individuals who reenter the United States illegally over fears of torture in their home country must be detained while their second removal proceedings take place — was authored by Justice Samuel Alito. He was joined by Justices Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett. Justices Breyer, Kagan, and Sotomayor dissented.

Johnson v. Guzman Chavez dealt with two provisions authorizing authorities to detail illegal immigrants while remove proceedings take place: 8 U.S.C. §1226 and 8 U.S.C. §1231 and which one applied to illegal aliens who were deported once but returned illegally a second time. "If the answer is §1226, which applies 'pending a decision on whether the alien is to be removed from the United States,' then the alien may receive a bond hearing before an immigration judge," Alito writes. "If the answer is §1231, which applies after the alien is 'ordered removed,' then the alien is not entitled to a bond hearing."

"We conclude that §1231, not §1226, governs the detention of aliens subject to reinstated orders of removal, meaning those aliens are not entitled to a bond hearing while they pursue withholding of removal."

Advertisement

Among other issues outlined in his opinion, Alito found respondents' arguments "would undermine Congress's judgment regarding the detention of different groups of aliens who posed different risks of flight." As the syllabus for the case explains, "Aliens who have not been ordered removed are less likely to abscond because they have a chance of being found admissible, while aliens who have already been ordered removed are generally inadmissible... and have already demonstrated a willingness to violate the terms of a removal order."

In layman's terms, those who have already been deported from the United States and return illegally a second time are more likely to disappear if released on bond.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement