October 16, 2021

Supreme Court strikes down petition to grant previously deported illegal immigrants bail

The Supreme Court ruled on Tuesday that previously deported illegal immigrants who claim to be under threat of persecution in their home country are not entitled to bail for release into the U.S.

The ruling reversed a previous Fourth Circuit court judgment. The court’s decision came in a 6 to 3 vote.

Justice Samuel Alito wrote the ruling in the case. He wrote “aliens who reentered the country illegally after removal have demonstrated a willingness to violate the terms of a removal order, and they therefore may be less likely to comply with the reinstated order. Congress had obvious reasons to treat these two groups differently.”

Alito also wrote, “If an immigration judge grants an application for withholding of removal, he prohibits DHS from removing the alien to that particular country, not from the United States.”

In a dissenting opinion, Justice Stephen Breyer cited studies that discuss the reality of withholding proceedings.

“Studies have also found that, once withholding-only relief is granted, the alien is ordinarily not sent to another, less dangerous country. Rather, the alien typically remains in the United States for the foreseeable future,” Breyer wrote, according to Fox News.

“In sum, I can find no good reason why Congress would have wanted categorically to deny bond hearings to those who, like respondents, seek to have removal withheld or deferred due to a reasonable fear of persecution or torture,” he added.

The controversial case reveals the wide diversity of immigration views among the court’s justices. The case also continues to show the court’s decision often oppose Biden administration policies in the area of immigration.

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