U.S. Supreme Court to weigh constitutional rights in immigration detention case

The U.S. Supreme Court is scheduled to hear arguments on October 13 in Genalo v. Black regarding whether prolonged immigration detention triggers a constitutional right to a bond hearing. The case involves two detainees with criminal convictions—one held for seven months and another for 21 months—centering on whether there is a point where detention becomes ‘unreasonably prolonged’ under due process requirements.

The federal government argues that under 8 U.S.C. 1226(c), Congress authorized the detention of criminal aliens without bond to ensure public safety and prevent absconding. The court will also consider if the government must justify continued detention using ‘clear and convincing evidence’ if a bond hearing is deemed constitutionally required.

In a separate legal challenge, attorneys have filed a habeas corpus petition for Armelle Bondonga, a 21-year-old youth leader detained by Immigration and Customs Enforcement (ICE) during a routine marriage-based green card interview. The petition alleges that ICE agents apprehended Bondonga without a warrant and without warning. A federal judge has ordered respondents to respond to the petition within seven days, while an order currently prevents the transfer of Bondonga outside U.S. jurisdiction while the case is pending.