With a 5-3 vote, the U.S. Supreme Court ruled in favor of the indefinite detention of immigrants Tuesday, overturning a previous decision made by the U.S. Court of Appeals for the 9th Circuit in San Francisco in 2015. Here are six things you need to know about this case:
What does the Supreme Court ruling mean?
The Supreme Court decision means that immigrants can be detained without periodic hearings until their proceedings are over.
“Indefinite detention” can end in one of two ways: either the immigrant is released from custody at the end of their proceeding, or they are deported to their home country, according to immigration attorney Prerna Lal.
What is Jennings v. Rodriguez?
Jennings v. Rodriguez is the case that is being reviewed concerning immigrants and whether they receive bond hearings while they are in detention for committing a crime. The 9th Circuit court ruled that immigrants cannot be held in detention for more than six months at a time without receiving an additional bond hearing, but the government appealed this decision to the Supreme Court in 2016.
Who exactly does this ruling apply to?
The Supreme Court decision applies to any and all non-U.S. citizens who have committed a crime. This includes green card holders, asylum-seekers and undocumented immigrants, according to Lal.
Will this decision impact undocumented students at UC Berkeley?
Lal said the court’s ruling will not directly affect undocumented students on campus.
“I don’t see it impacting our undocumented student population as much — maybe their family members,” Lal said.
According to Liliana Iglesias, an academic counselor at the Undocumented Student Program, or USP, the decision would likely create a ripple effect within the immigrant community on campus.
“Most of our undocumented students and some U.S. citizens are tied to undocumented people outside of campus,” Iglesias said. “If more people are being detained, or someone in their family is detained, this will definitely increase anxiety.”
What can immigrants do to protect themselves in the event of an ICE raid?
Both Lal and Iglesias stressed that immigrants should familiarize themselves with their 4th Amendment rights.
“Know your rights. Know that you don’t have to open the door to ICE without judicial warrants. If you have a criminal history of any kind, speak to a lawyer,” Lal said.
USP has been working with campus officials to establish a protocol in preparation for potential Immigration and Customs Enforcement, or ICE, raids, according to Iglesias.
“We are urging people on campus to call legal counsel so that they can make sure ICE has a valid warrant,” Iglesias added.
Is this decision final?
No, the case will be sent back to the 9th Circuit court, where judges will determine whether this decision was constitutional.