Supreme Court Rules that Previously-Deported Illegal Aliens Have no Right to a Bond Hearing

On Tuesday, the Supreme Court ruled that illegal aliens who have been detained in the country after having already been deported do not have the guaranteed right to a court hearing to determine their fate, the New York Post reports.

The 6-3 ruling came down along strictly ideological lines, with the court’s three left-wing justices – Stephen Breyer, Sonia Sotomayor, and Elena Kagan – dissenting. The decision determined that even detainees who claimed that they feared persecution or violence in their home countries are not automatically allowed a court hearing, which would normally determine whether or not they are allowed to be released from jail while their legal proceedings are underway.

The case had been argued before the Court during the Trump Administration, prior to Joe Biden rising to power, which saw representatives of the administration face off against representatives for a man from El Salvador, who had previously been deported but claimed that he had been threatened by a gang in his home country, and thus could not be sent back.

The Court ultimately sided with the previous administration, and Justice Samuel Alito, writing the opinion for the majority, pointed to current immigration laws on the books that specifically “govern the detention of aliens subject to reinstated orders of removal, meaning those aliens are not entitled to a bond hearing while they pursue withholding of removal.”

Alito also acknowledged another argument by the Trump Administration, which pointed out the likelihood that if previously-deported illegals were granted bail, then they would simply flee and disappear into the country without returning for their next court appearance. “In addition,” Alito wrote, “aliens who reentered the country illegally after removal have demonstrated a willingness to violate the terms of a removal order, and they therefore may be less likely to comply with the reinstated order.”

The ruling marks yet another blow to the Biden Administration on the key issue of immigration, where Biden has pursued an open-borders policy of letting illegals freely pour into the country, with the promise that they would be given taxpayer-funded benefits such as healthcare and education. Biden, along with his vice president Kamala Harris, has continued to face widespread backlash over the administration’s poor handling of the current border crisis, and it remains easily the issue on which the administration ranks the worst among voters.

About Eric Lendrum

Eric Lendrum graduated from the University of California, Santa Barbara, where he was the Secretary of the College Republicans and the founding chairman of the school’s Young Americans for Freedom chapter. He has interned for Young America’s Foundation, the Heritage Foundation, and the White House, and has worked for numerous campaigns including the 2018 re-election of Congressman Devin Nunes (CA-22). He is currently a co-host of The Right Take podcast.

Photo: Getty Images

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