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Supreme Court to decide if migrants detained for months must receive bond hearings
The justices will decide whether detained noncitizens convicted of crimes can be held for months or years without a bond hearing, a split lower courts said is unconstitutional.
On Monday, the Supreme Court agreed to hear a Trump administration appeal regarding whether the government may hold so-called "criminal aliens" indefinitely while they fight deportation.
The Circuit Court in New York previously ruled that "prolonged detention" is unconstitutional if noncitizens are denied bond hearings, prompting the Trump administration's appeal.
Two green card holders from the Dominican Republic and Jamaica convicted of "aggravated felonies" are at the case's center, with one held for seven months and the other for nearly two years.
Solicitor General D. John Sauer argued that civil detention "does not implicate any fundamental rights" and mandatory detention applies regardless of individual flight risk or danger assessments.
The American Civil Liberties Union represents the men and argues the Supreme Court should decline the appeal, noting one man has left the country and the other was released.