Supreme Court to Hear Case on Indefinite ICE Detention of Immigrants
The Supreme Court accepted the case Genalo v. Black, which could decide whether immigrants with criminal records may be held indefinitely by ICE without a bond hearing.
WASHINGTON, D.C. — The U.S. Supreme Court agreed Monday to take up a case that could determine whether noncitizens with criminal records can be held indefinitely by Immigration and Customs Enforcement without a bond hearing.
Case Centers on 21-Month Detention
The case, Genalo v. Black, originates from New York state and involves a legal immigrant from the Dominican Republic who was arrested by immigration enforcement following an assault conviction. The individual was held for 21 months during deportation proceedings before being released in 2020.
A federal appeals court ruling in the case established that when a detention becomes “unreasonably prolonged,” the government must provide the detained immigrant a bond hearing. At that hearing, the government would be required to demonstrate by “clear and convincing evidence” that the individual poses a flight risk or a danger to the community before continued detention could be justified.
The Supreme Court also asked attorneys on Monday to submit arguments addressing whether the immigrant’s 2020 release renders the case moot, according to NC Newsline.
Legal Controversy Over Indefinite Detention
The broader question of indefinite ICE detention — applied to immigrants who have either criminal convictions or a prior record of illegally crossing the border — has produced conflicting rulings across the federal court system. Some appeals courts have upheld the Trump administration’s detention policy, while others have struck it down as unconstitutional, according to NC Newsline.
Individual federal judges have largely ruled that immigrants without criminal records who are held in immigration detention are entitled to a bond hearing or should be released outright.
National Implications
The Supreme Court’s decision to accept Genalo v. Black signals that the nation’s highest court is prepared to resolve the split among lower courts on the constitutionality of prolonged immigration detention. A ruling could set a nationwide standard for how long the government may hold noncitizens during deportation proceedings without judicial review.
No date for oral arguments has been announced. This story was first reported by Stateline reporter Tim Henderson, who can be reached at thenderson@stateline.org.
