It’s no secret that there is never a shortage of political debate in New Jersey and across the country about immigration issues. On any given day, it’s likely that a survey regarding immigration and naturalization issues would produce hundreds of different answers, depending on personal, professional or partisan opinions. One situation currently being litigated at the federal level may impact the lives of many immigrants throughout the nation.
The U.S. Supreme Court has reportedly agreed to hear a case filed by the presidential administration to appeal a lower court decision. The administration argues that the lower court’s ruling has impeded its efforts deport immigrants who have committed crimes. The main issue at hand is a previous court decision holding that any immigrant who has satisfied a criminal sentence may not be indefinitely detained later if he or she was not immediately detained upon completing the criminal sentence.
In short, unless a person goes from jail straight into an Immigration and Customs Enforcement detention facility, immigration officials cannot later detain that person indefinitely while awaiting possible deportation. If such a detainment were to occur, the immigrant in question may request a bond hearing to appeal for a release. The bond hearing would provide a fair opportunity for the immigrant to convince the court that he or she is not a flight risk or danger to society.
As it stands, the Supreme Court has scheduled this immigration case for hearing during its next term. Many New Jersey residents may be among those who closely follow the case because of the impact it may bear on their own or their loved ones’ lives. Any person currently facing a particular immigration problem may reach out for support from an experienced immigration and naturalization law attorney.
Source: Reuters, “Supreme Court takes up new immigration detention dispute“, March 19, 2018