The Supreme Court has sided with the Trump administration by ruling in a 5-4 vote to allow the detention of people who are facing deportation because of crimes that they have committed. Said crimes include robbery, sexual abuse, drug-related and gun-related incidences.
What the ruling specifically focused on was residents that are not citizens who served a criminal sentence, are released but then get arrested again by federal immigration agents.
However, the justices were split in how they voted, and the majority also saw the issue from different perspectives.
In a time when there’s contention between the Trump administration and sanctuary cities along with the Trump administration’s implementation of a “zero tolerance” policy, the ruling enforces that people are not entitled to a bond hearing or the possibility of re-release, and the Department of Homeland Security continues to press its case for deportation.
Justice Samuel Alito made the announcement of the vote, which reverses a decision that was made by the 9thU.S. Circuit Court of Appeals of San Francisco. Justices Clarence Thomas, Neil Gorsuch, John Robert and Brett Kavanaugh joined Alito in voting in favor.
Justices Ruth Bader Ginsburg, Stephen Bayer, Elena Kagan and Sonia Sotomayor voted against.
However, the Justices that voted in favor did not see eye-to-eye on the matter.
Justice Alito commented that the lower court had enacted a “policy judgement” by using reasoning that made “a mockery” of federal immigration laws that should be enforced. This is because under said laws, people face “mandatory detention” with no bond hearing if they finish their sentences and are then arrested by Department of Homeland Security Agents. How Alito interpreted the law is that mandatory detentions are imposed even if agents from the DHS don’t arrest the individual and the person has already been released.
On the dissenting side, Justice Breyer commented that the way the majority interpreted the law only makes way for “serious constitutional problems.” He further added that the majority’s “reading would give the secretary authority to arrest and detain aliens years after they have committed a minor crime and then hold them without a bail hearing for months or years.”