A multifaceted framework of federal statutes governs the detention of aliens by the Department of Homeland Security during proceedings to determine whether they should be excluded or removed from the United States. Today, the Supreme Court hears reargument in Jennings v. Rodriquez, No. 15-1204 to decide three questions about 8 U.S.C. §§ 1225 and 1226: (1) “Whether aliens seeking admission to the United States who are subject to mandatory detention under Section 1225(b) must be afforded bond hearings, with the possibility of release into the United States, if detention lasts six months”; (2) “Whether criminal or terrorist aliens who are subject to mandatory detention under Section 1226(c) must be afforded bond hearings, with the possibility of release, if detention lasts six months;”; and (3) “Whether, in bond hearings for aliens detained for six months under Sections 1225(b), 1226 (c), or 1226(a), the alien is entitled to release unless the government demonstrates by clear and convincing evidence that the alien is a flight risk or a danger to the community; whether the length of the alien's detention must be weighed in favor of release; and whether new bond hearings must be afforded automatically every six months.”
SCOTUSblog provides an argument analysis and links to the briefing. The Ninth Circuit Court of Appeals opinion below held, among other things, that all aliens are entitled to a bond hearing after six months. The Training Division conducted a webinar on Supreme Court cases that addressed immigration in 2016 Term with materials. For Defender Services materials about challenging the barriers to bail for noncitizens, click here.