Some migrants can be held for at least 6 months without a bond hearing


(CNN) — The Supreme Court of the United States ruled Monday that the federal government can continue to detain certain migrants in removal proceedings without giving them a bond hearing after six months, in a case in which the Joe Biden administration prevailed over immigration activists who opposed the government in the case.

The court reversed a lower court ruling that the man at the center of the case, Antonio Arteaga-Martinez, could get a bail hearing because he had been detained for more than six months. Arteaga-Martinez received a bond hearing and was released.

The Court’s decision was based solely on the relevant federal statute, and skirted whether such hearings could be required by the Constitution, an issue that the challengers had not raised and that could yet arise in another case.

Supreme Court makes it harder to challenge immigration policies in court

Also, the Supreme Court on Monday made it much more difficult for immigrants to challenge immigration policies in court, holding that challenges have to be filed individually and not on a group (class) basis.

In the 6-3 ruling, the Court concluded that lower federal courts lack the power to grant injunctions to entire classes of immigrants, unlike individual immigrants who sue one at a time, which would prevent immigration officials the application of certain policies.

For the majority, Judge Samuel Alito pointed to the language of the relevant statutes, saying that taken together, that language “generally prohibits lower courts from issuing injunctions directing federal officials to take or refrain from taking enforcement action, implement or carry out the specified legal provisions”.

Judge Sonia Sotomayor wrote a partial dissent, joined by Judge Elena Kagan and Judge Stephen Breyer.



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