Originally published by The Washington Post
The Supreme Court has agreed to decide whether federal immigration law gives the government the power to indefinitely detain any noncitizen it is considering deporting if the person previously committed certain crimes.
The Supreme Court agreed Monday to consider the issue. Immigration law says that if noncitizens commit a crime for which they can be deported, the government should take them into custody for potential removal when they’re released from prison or jail. A person detained immediately can be held indefinitely. The government argues the same is true if the person is released and then later detained for possible removal.
The U.S. Court of Appeals for the 9th Circuit ruled that noncitizens not promptly detained must be given the opportunity to be released on bond.
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