How will the decision made in Nielsen v. Preap impact the lives of immigrants in the U.S.?
The United States Supreme Court is set to hear a high stakes immigration case that could determine whether certain classes of immigrants can be detained without a bail hearing. Nielsen v.
Per 8 U.S.C. § 1226, immigrants subject to removal are divided into two main categories: ordinary immigrants who are subject to removal not due to
So-called criminal aliens, on the other hand, are to be taken into custody when released from imprisonment. Criminal aliens include immigrants who have been convicted of a wide array of crimes, including
In the case of Neilsen, the Supreme Court will take-up whether criminal aliens, who are often longtime U.S. residents, should truly be denied a chance at
The plaintiffs are urging that if ICE wants to detain a criminal alien without providing him or her a chance at bail, then the arrest must be made at the moment of release from prison. To allow any other interpretation of the word “when” would mean that ICE could potentially wait years after the alien’s release to then detain the alien without bail pending removal. Now, immigrants nationwide are anxiously awaiting the Supreme Court’s decision on this case of monumental importance.
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