The Supreme Court on Tuesday ruled that the government can arrest and detain non-citizens with past criminal convictions that could lead to deportation indefinitely, dealing a blow to immigrant rights advocates and upholding the Trump administration’s detention powers.
In a 5-4 vote, the high court ruled in favor of mandatory detention at any time, even if noncitizens finished their criminal sentences years ago. That includes noncitizens who completed sentences for minor drug possessions.
The case, Nielsen v. Preap, involved a group of legal immigrants who faced mandatory detention years after they were released and filed class action lawsuits in Washington state and California.
On behalf of the high court’s conservatives, Justice Samuel Alito wrote that Congress gave federal authorities in 1996 the power to arrest and detain noncitizens for previous crimes without rights to a bail hearing until authorities decide on deportation.
