(The Center Square) – The U.S. Supreme Court agreed on Monday to take up a case on whether the government can detain certain immigrants who are convicted of committing a crime for prologned periods.
The court agreed to take up Genalo v. Black and Jennings v. Rodriguez, two cases that involve people who were detained by Immigration and Customs Enforcement after criminal convictions.
Carol Williams Black was detained for seven months on a conviction of sexual abuse and Keisy G.M., was detained for 21 months. Both were lawful permanent residents in the United States when they committed the crimes.
A lower court argued the two men were held in detention for an “unreasonably prolonged” amount of time and that due process protections were necessary to intervene. Judges on the court said the government would need clear and convincing evidence to keep the two immigrants in custody.
Lawyers for the U.S. government argued that due process can still be provided to a person in custody awaiting deportation. The lawyers said the due process clause operates differently for immigrants awaiting deportation.
“When the government deals with Deportable aliens, the Due Process clause does not require it to employ the least burdensome means to accomplish its goal,” attorneys wrote in a brief to the high court.
Lawyers for the American Civil Liberties Union, who are representing Black and G.M., said the cases should not be litigated because Black left the country and G.M. was released from ICE custody in 2022. Justices on the high court asked parties to brief on whether the case is moot due to these factors.
“There is really no live case or controversy for this court to weigh in on,” lawyers for the ACLU wrote in a brief to the court.
The justices will likely deliberate on whether the case in moot following briefs from both parties. Justices on the high court could still decide to continue with hearing of the case in the fall based on their determinations.
