The Supreme Court agreed on June 15 to hear the Trump administration’s challenge to a federal appeals court ruling that would force the government to justify holding immigrants with criminal records in prolonged detention, a case that could reshape how the nation enforces its immigration laws at a moment when ICE detention has expanded to historic levels.
At issue is a Second Circuit decision that declared immigration detention can become “unreasonably prolonged,” at which point the government must provide a bond hearing and prove by clear and convincing evidence that continued custody is warranted. The Trump administration is fighting that requirement, and the justices’ decision to intervene signals they may finally answer a constitutional question they have dodged for nearly a decade.
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