The classes at issue in the instant case consisted of people in the above categories who had been detained in excess of six months. Under 8 U.S.C.

Our fee is only $49 per 15 min or $160 per 45 minutes for all other casesCopyright © 2019 My Attorney USA. Additionally, while the Trump administration claimed that parole policy is still in effect, studies show that the parole rates significantly dropped from 92 percent in 2011 to 4 percent during the first few months of the Trump administration (Stein).

Citing to both the Oxford English Dictionary and numerous other dictionaries, Justice Alito took the position that the “clear meaning of detain” involves confinement.

The statute permits the release of such an alien “only if” the release is deemed necessary to provide protection to a witness or certain other individuals.3.

Justice Breyer, writing for the dissent, examined constitutional questions arising from the majority's reading of the mandatory detention provisions and the Government's position, and concluded that this construction of the statutes would likely render them unconstitutional. Justice Breyer's dissenting opinion discusses in detail some of the potential constitutional issues presented by the mandatory detention provisions, and it could well be cited by the Ninth Circuit if it ultimately concludes that the mandatory detention provisions are unconstitutional. Justice Breyer added that an alien released under section 236(c)(2) is not released on bail and could be released from “many obligations and restraints that accompany bail.”Finally, he noted that section 235(b)(1)(B)(iii)(IV) employs the language “shall be detained … until removed” for certain aliens.

This is, in fact, just what the Ninth Circuit had endeavored to do below, concluding that the statutes could be read in such a manner. Twenty-five years ago, there were only about 5,500 immigrants in mandatory detention; today, about 33,000 immigrants are detained on a given day, and federal spending on detention has exceed $3 billion today (Kassie).  Although the Trump administration on paper is still obliging by the parole policy from 2009, an ACLU study reveals that ICE stopped granting parole in five known field offices in the United States. The “Due Process Clause” states that “[n]o person shall be … deprived of life, liberty, or property without due process of law.” The “Excessive Bail Clause” prohibits the government from imposing “[e]xcessive bail,” which was designed “in order to prevent bail [from] being set so high that the level itself (rather than the reasons that might properly forbid release on bail) prevents conditional release.”Citing to several definitions of the terms “detain” and “bail,” Justice Breyer concluded that the concept of “bail” is not inconsistent with the concept of “detention,” and that the release of an alien on bail would not mean that he or she was not subject to detention. Available at:                          https://minnesotalawreview.org/2019/02/04/the-implications-of-jennings-v-rodriguez-on-immigration-detention-policy/ [Accessed 20 Sep. 2019].Fill in your details below or click an icon to log in:Today, the United States has the world’s largest number of detainees, more than five-hundred thousand approximately, and continues to increase by the day with more asylum-seekers. Justice Breyer disagreed, stating that the “only if” provision referred not to bail, but instead to the Witness Protection Program, codified at 18 U.S.C.

He described the dissent as “resort[ing] to the legal equivalent of a sleight-of-hand trick” in conflating the possibility that an alien may be released from detention on bail with the idea that release from detention on bail is still detention.

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