Ready to Fight at the U.S. Supreme Court
On Monday, the U.S. Supreme Court announced that it agreed to review two class actions involving the right of immigrants in detention to have an opportunity to seek bond hearings from an immigration judge. One of the cases, Wilcox v. Khoury, is one that NWIRP and our partners have been litigating over the past few years. In the Khoury case and a companion case, Preap v. Nielsen, brought by NWIRP’s partners, the U.S. Court of Appeals for the Ninth Circuit ruled that certain immigrants who have been released to the community before being detained by immigration authorities could still ask an immigration judge to grant them release on bond.
The Trump Administration is appealing this decision to the U.S. Supreme Court as it contends that these community members should be subject to “mandatory detention”–without any opportunity for a bond hearing throughout the lengthy removal proceedings.
While we are disappointed that the Court decided to accept the Administration’s appeal of these cases, we stand ready with our colleagues at the ACLU, Gibbs Houston Pauw, Sunbird Law, Asian Americans Advancing Justice-Asian Law Caucus, and Keker, Van Nest and Peters, to fight for the right of thousands of immigrant community members around the country who will be impacted by the Supreme Court’s decision in these cases. We expect the Court to hear oral arguments in the case in fall 2018, with a decision issued in late 2018 or early 2019.