The United States Supreme Court ruled that undocumented immigrants who were deported but returned to the U.S. are not entitled to a bond hearing. On June 3o, the Court ruled that the government can indefinitely detain immigrants who had been previously deported and were detained after re-entering the United States illegally and claimed that they would be persecuted or tortured if sent back to their home country.
The Court’s 6-3 split decision means that the government can hold the immigrants without having a hearing before an immigration judge, and without a bond hearing. Justice Samuel Alito wrote the Court’s opinion, saying that the person cannot be detained indefinitely and that 6 months is a reasonable detainment period:
“Although the statute does not specify a time limit on how long DHS may detain an alien in the post-removal period, this Court has ‘read an implicit limitation’ into the statute ‘in light of the Constitution’s demands,’ and has held that an alien may be detained only for ‘a period reasonably necessary to bring about that alien’s removal from the United States.'”
When someone is arrested and facing deportation, Immigration and Customs Enforcement (ICE) will determine whether to set bond or no bond, based on how cooperative the detainee is and whether they are dangerous or a flight risk. An immigration bond hearing is an appearance before an immigration judge to determine if bond can be set, and if so, the amount of bond someone must pay to get out of jail while waiting for future court hearings. An immigration detainee is eligible for a bond if they can prove that they are not a danger to the community and are not a flight risk.
In situations where ICE does not set a bond, a detainee should ask for a bond hearing.
In most cases, you only have one chance to make your case at a bond hearing. Speaking to a qualified immigration attorney is important so that you can present your strongest arguments at a bond hearing. The immigration attorneys at Chicago’s Godoy Law Office fight for the rights of immigrants in Illinois and help immigrants navigate the complex and numerous immigration policies, procedures, and regulations. If you need help with an immigration issue, please contact our office at 630-912-0322.
AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties
