The Supreme Court on Thursday agreed to review the Trump administration’s unprecedented policy of imposing mandatory detention without bond hearings while deportation proceedings are pending.
Lower court judges have overwhelmingly ruled against the administration, but some GOP-appointed judges have backed the policy, which shows how the Supreme Court could decide to go against the dominant view in the judiciary. The high court’s view should become clearer when the case is argued later in the new term, which starts Monday, with a decision expected by July.
The legal issue stems from how to interpret federal law that requires detaining immigrant “applicants for admission” who are “seeking admission” to the country. Contrary to prior administrations, the current one says the law requires detention not only of people apprehended at the border, but also those who have been in the country for years.
The court’s announcement that it will consider the crucial issue came in an order Thursday granting review of additional cases to be argued in the new term. The court holds hearings from October through April and typically decides all of the argued cases by July. The court has not yet scheduled argument in this detention case.
The justices will continue adding cases during the term. They had already taken up appeals on an array of disputes, including a Second Amendment case and another deportation-related case that the court agreed to review earlier this week.
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