The U.S. Supreme Court on Tuesday curbed the ability of immigrants held in long-term detention during deportation proceedings to argue for their release in a ruling in sync with President Donald Trump’s get-tough approach toward immigration.
The justices, in a 5-3 decision, overturned a lower court’s ruling that required that immigrants held by the U.S. government who are awaiting the outcome of deportation proceedings get a bond hearing after six months of detention to seek their release.
The court’s five conservatives were in the majority in the ruling written by Justice Samuel Alito, and three liberals dissented. Another liberal, Justice Elena Kagan, did not participate in the ruling.
The court threw out a 2015 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals, which had ruled that the government must provide bond hearings to gauge danger and flight risk when detention exceeds six months, and every six months after that. Former President Barack Obama’s Justice Department appealed that ruling.
Class action litigation brought by the American Civil Liberties Union challenged the U.S. government’s practice of placing immigrants facing deportation proceedings in detention for months or years without a chance to argue for release.
The case assumed added importance in light of the Trump administration’s decision to ramp up immigration enforcement, with growing numbers of people likely to end up in detention awaiting deportation.
The government has argued that bond hearings can be permitted in certain instances, but opposed a blanket rule requiring them.
Those suing included immigrants who were held at the border when seeking illegal entry as well as others, including lawful permanent residents who hold so-called green cards, who have been convicted of crimes.
The lead plaintiff is Alejandro Rodriguez, a legal immigrant from Mexico living in California who was brought to the United States as a baby. He was working as a dental assistant when he was detained for three years without a hearing after being placed in deportation proceedings based on two non-violent convictions, joyriding and misdemeanor drug possession.
Although Rodriguez was released eventually, the case brought on his behalf continued.
The justices issued the ruling on Tuesday after hearing the case for a second time. The Oct. 3 arguments came after they decided to rehear the case with a full complement of nine justices, with Trump’s conservative appointee Neil Gorsuch joining the court in April 2017, after earlier holding arguments while shorthanded by one.
The Trump administration took the same position in the case during the October arguments as the Obama administration had taken previously.