SCOTUS to decide if indefinite immigrant detention is constitutional

While many have been paying close attention to Trump and the future of immigration reform the U.S. Supreme Court heard an important case today.

The lawsuit was filed by the American Civil Liberties Union on behalf of thousands of immigrants.

The immigrants say they’ve faced prolonged detention times in facilities.

Now, the Supreme Court must decide if indefinite detention is legal.

“The policy now and the position of the government is that ‘we don’t need no stinking judges to tell us what to do. We will determine, we will be the judge and jury to who gets locked up for more than two or three years seeking to fix their papers fleeing from repression,” said Carlos Spector, immigrant advocate and attorney for immigrants that come to the U.S. seeking asylum.

An incomplete panel of eight justices will hear the arguments of a class action lawsuit filed by the American Civil Liberties Union.

Thousands of immigrants with green cards or visas with minor offenses — along with immigrants seeking asylum say they are being detained anywhere from a year to three years waiting to see a judge and present their case to stay in the U.S.

“The U.S. has held for years that prolonged detention is unconstitutional if in fact you are held for more than six months,” Spector said.

Since the U.S. has seen a wave of immigrant refugees courtrooms are backlogged causing the delay of hearings.

The ACLU argue immigrants have a right to due process and should be allowed periodic bond hearings while they are held in custody during deportation proceedings.

The Obama administration is challenging the idea saying it would undercut the government’s border-control efforts. Adding the ruling threatens to free people who were apprehended while crossing the border illegally, as well as unauthorized immigrants who have been convicted of crimes.

Spector says there needs to be checks and balances.

“Without that check and balance we begin to lose our vision and our purpose in this country,” Spector said.

Should the eight justices divide 4-4 in their initial vote, they could hold onto the case until the Senate confirms Trump’s nominee to fill the empty ninth seat.