The Supreme Court on Thursday agreed to review the Trump administration’s unprecedented policy of imposing mandatory detention without bond hearings while deportation proceedings are pending.
Lower court judges have overwhelmingly ruled against the administration, but some GOP-appointed judges have backed the policy.
The legal issue stems from how to interpret federal law that requires detaining immigrant “applicants for admission” who are “seeking admission” to the country. Contrary to prior administrations, the current one says the law requires detention not only of people apprehended at the border, but also those who have been in the country for years.
The court’s announcement that it will consider the issue came in an order Thursday ahead of the new term starting Monday. The court typically decides cases argued during the term by July.
This is a developing story. Check back for updates.
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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
