Supreme Court to Review Trump’s Challenge on Criminal Noncitizen Detention
The U.S. Supreme Court will review a case involving the Trump administration, arguing that two justices appointed by President Obama made errors in a ruling related to the detention of criminal noncitizens.
Details on Foreign Criminals
Carol Williams Black, a Jamaican who came to the U.S. in 1983, is now a legal permanent resident. He was apprehended by U.S. Immigration and Customs Enforcement (ICE) in 2019 due to past convictions for sexual abuse and child endangerment. ICE deemed him deportable and decided to hold him until his removal was complete.
On the other hand, Keisy GM, a Dominican resident in New York since 2011, faced similar circumstances. After pleading guilty to second-degree assault in 2015, he was arrested by ICE in 2020 and efforts were initiated to deport him.
Both men have raised legal complaints claiming their detention without a bail hearing infringed on their due process rights, with Mr. Black being held for seven months and GM for 21 months before filing their cases.
A ruling in 2024 came from a panel of judges—Denny Chin and Susan Carney—stating that “constitutional due process guarantees prevent unreasonably long detention of noncitizens” without a bail hearing.
Request for Review by Trump Administration
In January, the Trump administration requested the Supreme Court to consider if the Court of Appeals made an error by mandating due process bail hearings for criminal aliens detained under a specific section of federal law. They are questioning whether there’s a limit to how long such detentions can reasonably last.
Moreover, the administration is asking the Court to reconsider the Appeals Court’s decision that requires a higher burden of proof for continued detention. They argue, “A detainee under this section has no procedural due process right to a bail hearing on matters considered ‘not material’ to the legal framework.”
Government attorneys contend that clarification is needed, especially given inconsistencies between circuit courts regarding when detention becomes unreasonable.
The American Civil Liberties Union (ACLU), which represents non-citizen criminals, had previously attempted to get a new trial but was unsuccessful. An attorney from the ACLU criticized the Trump administration’s approach as extreme, suggesting that the disputes in lower courts are minimal. Notably, Mr. Black has already left the country, and Mr. GM is set for release this year, which raises questions about the relevance of their cases.
ACLU attorney Cecilia Wang expressed confidence in the Appeals Court’s decision and emphasized that the Constitution protects everyone, regardless of immigration status, from being detained without due process.
The Supreme Court is expected to hear arguments on this matter in the upcoming term.
