The Trump administration was dealt a victory by the Supreme Court today when they voted 5-4 to make it easier for non-citizens with criminal records to be detained. It was also the first decision since the new session where the justices were clearly divided by partisan lines.
Joined by Justice Brett Kavanaugh, Justice Clarence Thomas and Justice Neil Gorsuch, Justice Samuel Alito wrote the majority opinion for the Court, saying: “neither the statute’s text nor its structure” supported that immigrants convicted of a crimes must be detained immediately or be held in detention without bond.
Justice Stephen Breyer wrote the dissent, saying “”It is a power to detain persons who committed a minor crime many years before. And it is a power to hold those persons, perhaps for many months, without any opportunity to obtain bail.”
A lower court had previously ruled that non-citizens facing deportation should be detained immediately or not at all.