Wahington.- The Supreme Court of USA failed this Tuesday so that the government can indefinitely detain certain of migrants who say they will face persecution or torture if deported to their home countries.
With the disagreement of three center-left judges, the highest court of ME, held in a vote of 6-3, that immigrants do not have the right to a hearing on whether they should be released while the government evaluates their application.
Judge Samuel Alito wrote on behalf of the majority of the court that “these foreigners are not entitled to a bond hearing.
The case involves people who have already been deported and who, upon being detained after illegally re-entering the USA, stated that they would be persecuted or tortured if they were returned to their countries. One of the cases is of a Salvadoran man who alleges that a gang threatened him after he was deported.
An immigration official determined that immigrants had a “reasonable fear” for their safety if they returned to their countries, launching an evaluation process that can take months or years.
The question for the highest court in the United States is whether the government could detain immigrants without an immigration judge intervening. Immigrants and then-President Donald Trump’s administration, who presented their case in advance of President Joe Biden’s inauguration in January, pointed to different provisions of immigration law to defend their positions.
The federal appeals court in Richmond, Virginia, had ruled in favor of immigrants, but other appeals courts sided with the government. Tuesday’s ruling sets a national precedent, but it affects only what immigrant advocates call a relatively small subset of people who are not US citizens.