Former DOJ official warns of ‘gamesmanship’ as immigration detention battle reaches Supreme Court
Chad Mizelle argues that allowing bond hearings after several months of detention would incentivize delay tactics and increase the risk that criminal migrants abscond.
The Supreme Court has agreed to hear a blockbuster challenge to ICE's mandatory detention policy after the Trump administration asked the justices to review the case this week.
The outcome of this case will determine whether criminal noncitizens held in detention while awaiting deportation are entitled to bond hearings after lengthy periods behind bars, a policy lower courts have repeatedly blocked.
The decision from the High Court comes after Democratic New York Gov. Kathy Hochul attempted in August to thwart the Trump administration’s efforts to have the case heard by pardoning a criminal alien who had been held in a detention center for nearly three years, effectively rendering the case moot.
John Sauer, then- special assistant attorney general at the Louisiana Department of Justice, speaks during a hearing. (Al Drago/Bloomberg via Getty Images)
While Solicitor General John Sauer agreed in September that the case was effectively dead, he vowed to find a new case to settle whether criminal noncitizens are entitled to bond hearings under the Due Process Clause of the Fifth Amendment.
This story is developing and will be updated.
