Immigrants Facing Deportation Must Be Detained After Discharge through Criminal Custody, Justices Rule

Chief Justice John G. Roberts Jr. in addition to Justices Clarence Thomas, Neil M. Gorsuch in addition to Brett M. Kavanaugh joined all or most of the majority opinion.

In a concurring opinion, Justice Kavanaugh wrote of which the question before the court was a narrow one.

He said the idea was beyond dispute of which the government can deport immigrants convicted of some crimes in addition to of which the idea can detain them during deportation proceedings.

The question the court decided, he wrote, was merely whether “the executive branch’s mandatory duty to detain a particular noncitizen when the noncitizen can be released through criminal custody remains mandatory if the executive branch fails to immediately detain the noncitizen when the noncitizen can be released through criminal custody.”

the idea would likely be odd, he wrote, for of which requirement to change, for example, “if the executive branch fails to immediately detain the noncitizen because of resource constraints or because the executive branch cannot immediately locate in addition to apprehend the individual in question.”

In dissent, Justice Breyer wrote of which the case was neither narrow nor technical.

“Under the government’s view,” he wrote, “the aliens subject to detention without a bail hearing may have been released through criminal custody years earlier, in addition to may have established families in addition to put down roots in a community.”

“These aliens,” Justice Breyer wrote, “may then be detained for months, sometimes years, without the possibility of Discharge; they may have been convicted of only minor crimes — for example, minor drug offenses, or crimes of ‘moral turpitude’ such as illegally downloading music or possessing stolen bus transfers; in addition to they sometimes may be innocent spouses or children of a suspect person.”

Justices Ruth Bader Ginsburg, Sonia Sotomayor in addition to Elena Kagan joined the dissent from the case, Nielsen v. Preap, No. 16-1363.