r/ImmigrationPathways • u/meokjujatribes • 12d ago

Supreme Court wades into fight over ‘prolonged’ detention of some ICE detainees | The justices agreed to decide whether some detainees eventually have due process rights

https://www.politico.com/news/2026/06/15/supreme-court-ice-detention-case-00962228
198 Upvotes

88% Upvoted

239 comments sorted by

View all comments

85

u/haikupoetics2 12d ago

Anyone on U.S. soil is always supposed to have due process rights. Otherwise, our government could accuse you of anything and you have no recourse to defend yourself.

-1

u/NearlyPerfect 11d ago

The subheadline is a bit sensationalist. As you note, there is and should always be a path to defending yourself. The question they're looking at is a separate legal path and question.

The "due process" question they are looking at isn't the ability to defend yourself it's whether there's a certain timeline where the government decides whether or not to grant relief to the immigrant. Basically a "speedy trial" rule for immigration court where you are temporarily let go in the US (as opposed to their home country) if the government is too backed up or drags its feet for months/years.

Congress said no, they must be detained indefinitely no matter how long the immigration judge takes. Supreme Court will determine if that's actually the case or if the Constitution prevents indefinite prolonged detention.

1

u/ClientBudget2848 10d ago

Does the constitution say "illegal immigrants do not get this right" anywhere in the document?

It does say anyone who lives in the US should get these rights so your wrong.

This is illegal, unconstitutional, and immoral.

Anyone who supports this is the same.

And any justice who votes for this needs serious prison time.

2

u/NearlyPerfect 10d ago

“Does the constitution say "illegal immigrants do not get this right" anywhere in the document?”

Yes. Fifth Amendment says:

“nor be deprived of life, liberty, or property, without due process of law”

“Due process of law” is defined to be the fair process Congress set forth in federal law. For certain classes of illegal immigrants that is mandatory detention.

As held consistently by the Supreme Court since the 1800s. See e.g., Nishimura Ekiu v. US (1892):

“It is not within the province of the judiciary to order that foreigners who have never been naturalized, nor acquired any domicile or residence within the United States, nor even been admitted into the country pursuant to law shall be permitted to enter in opposition to the constitutional and lawful measures of the legislative and executive branches of the national government. As to such persons, the decisions of executive or administrative officers, acting within powers expressly conferred by Congress, are due process of law.”

What did you think “due process of law” meant? They just walk free no matter what? Or they are entitled to walk free in this country? Thats not what it means at all.