Supreme Court Commentaries
Due Process, Removal Proceedings, Asylum, Immigration
Constitutional Law | Supreme Court of the United States
Upon arrival to the United States, foreign nationals are required to prove beyond a doubt that they comply with the various requirements for admission into the country. For those who fail to meet this standard, there are only two options: accept immediate removal to their country of origin, or fight removal. For many who contest their deportation, their fate is civil incarceration until their case is adjudicated, which can take several years. The case of Jennings v. Rodriguez addresses the constitutionality of prolonged civil incarceration without the access of mandatory, periodic bond hearings for these individuals.
Charlie Kazemzadeh, Flight Risk or Danger to the Community? Rodriguez and the Protection of Civil Liberties in the U.S. Immigration System, 12 Duke Journal of Constitutional Law & Public Policy Sidebar 97-114 (2017)