10-10-2018, 05:32 PM
3. Detaining immigrants during deportation proceedings
Nielsen v. Preap will determine whether thousands of longtime U.S. residents face indefinite detention without a bond hearing.
At issue in this case is whether ― after being released from imprisonment ― “criminal aliens” who have been convicted of certain crimes may be detained in the federal government’s custody without bond hearings until their cases are resolved. The policy keeps immigrants in detention for months or years in some cases before they’re ever able to challenge their deportation.
Questions such as the following will likely be considered: “Does the statute really deny bond hearings to all of them ― longtime residents of the U.S. who were convicted of minor offenses 5, 10, 15 or more years ago?” “What if a person has long ago been released and has returned to a community, established a family and put down roots, and lived a blameless life since that brush with the law? In other words, what if the immigrant would otherwise be a prime candidate for bond?”
(continued)
Nielsen v. Preap will determine whether thousands of longtime U.S. residents face indefinite detention without a bond hearing.
At issue in this case is whether ― after being released from imprisonment ― “criminal aliens” who have been convicted of certain crimes may be detained in the federal government’s custody without bond hearings until their cases are resolved. The policy keeps immigrants in detention for months or years in some cases before they’re ever able to challenge their deportation.
Questions such as the following will likely be considered: “Does the statute really deny bond hearings to all of them ― longtime residents of the U.S. who were convicted of minor offenses 5, 10, 15 or more years ago?” “What if a person has long ago been released and has returned to a community, established a family and put down roots, and lived a blameless life since that brush with the law? In other words, what if the immigrant would otherwise be a prime candidate for bond?”
(continued)