The Trump administration is asking the Supreme Court to revive a major immigration fight over whether criminal aliens can be held without bond throughout removal proceedings or are entitled to a hearing when their detention drags on. Solicitor General John Sauer asked the Supreme Court on Monday to take up Genalo v. D.C., reviving a constitutional fight the justices had been set to hear this term in Genalo v.
Black before New York Democratic Gov. Kathy Hochul’s pardon rendered that case moot. At the center of the dispute is D.C., a Dominican national who is facing removal after a criminal history that includes drug trafficking and domestic violence charges.
He had previously been removed from the United States on six occasions, according to ICE. Federal law requires certain criminal aliens to remain in custody while their deportation cases play out. But the Second Circuit has ruled that if they are detained for too long, they are entitled to a bond hearing at which the government must make the case for keeping them in custody.
BLUE STATE GOVERNOR'S PARDON OF CONVICTED FELON TORPEDOS A MAJOR SUPREME COURT IMMIGRATION FIGHT Other appeals courts have taken different approaches, leaving the Supreme Court with a nationwide split over what constitutional protections apply. "So the rights of these criminal aliens who were being detained, whether or not they're entitled to a bond hearing as of right now depends on which jurisdiction they happen to fall in," Michael Morley, a Florida State University law professor, told Fox News Digital. "And so the government is asking the Supreme Court to set one uniform interpretation for the entire country." The Trump administration's petition is procedurally unusual because Genalo v.
D.C. is still pending before the Second Circuit. Sauer is asking the Supreme Court to intervene before the appeals court issues its decision. "Rather than making the court go through those motions, you just hear this case now, hear this case directly, even before the Second Circuit has had the opportunity to rule," Morley told Fox News Digital.
The legal dispute could also determine who carries the burden when a bond hearing is required. Under the Second Circuit's approach, the government must show that a detainee poses a flight risk or danger to the community. The administration argued that if the Constitution requires such hearings, the burden should instead fall on the detainee seeking release.
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