Horrifying outcome in this case, written by the worst possible justice you could want to write an immigration case. I'm dreading a close read because I guarantee you there is terrible dicta in here.
https://twitter.com/stevenmazie/status/1409877692623773700
Alito and Thomas have long been arguing that many detained immigrants shouldn't even have the right to challenge their detention in federal court. Sad to see Gorsuch join this wing of the court. Thankfully, they remain in the minority.
https://twitter.com/stevenmazie/status/1409878264265519115
The end result of Guzman-Chavez is that the Supreme Court has once again upheld the government's right to lock certain immigrants in jails and prisons for months, if not years, while they fight their cases—without ever letting them ask a judge for bail.
https://twitter.com/chrisgeidner/status/1409879002479841292
The question the Supreme Court was asked in Guzman-Chavez wasn’t whether the roughly 3,000 people a year in “withholding only” hearings should be released from ICE jails.
It was whether they have a right to even ASK to be released.
Today the Supreme Court said no.
It was whether they have a right to even ASK to be released.
Today the Supreme Court said no.
Imagine if the government could grab a random citizen off the street, throw them in jail, and say they have no right to go in front of a judge to prove they’re not a flight risk or a danger to society.
Well, the government can do that to thousands of immigrants. And it does.
Well, the government can do that to thousands of immigrants. And it does.
If you've made it to the end of the thread and want to learn more about how people end up in "Withholding of removal-only" proceedings, we @immcouncil have a fact sheet on the topic which was actually cited by both the majority and dissent today. americanimmigrationcouncil.org/research/asylu…
Our fact sheet explained how just 1.6% of people who are granted "withholding of removal" are ever deported to a third country. We believed this made a key difference in the legal arguments. The majority disagreed with us, unfortunately, while the dissent thought we were right. 
Last year I wrote this piece on why Congress should fix IIRIRA, the "tough on crime" law from 1996 that stripped millions of immigrants of a fair day in court.
Today's terrible decision is yet another outgrowth of that awful law. Time to start over.
slate.com/news-and-polit…
Today's terrible decision is yet another outgrowth of that awful law. Time to start over.
slate.com/news-and-polit…
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