Scotusblog iconScotusblogSep 3, 2026 ~1 min source read

Will the court consider due process rights for detained migrants?

The Constitution's due process clause famously limits the government's power to detain people. Next month the Supreme Court is scheduled to hear arguments in a case about the clause's relevance to long-time migrants.

Will the court consider due process rights for detained migrants?

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The Constitution's due process clause famously limits the government's power to detain people.

Next month the Supreme Court is scheduled to hear arguments in a case about the clause's relevance to long-time migrants.

Even if that happens, however, the court has signaled that it is ready to consider a quarter-century long dispute about mandatory detention.

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The useful part

The Constitution's due process clause famously limits the government's power to detain people. Next month the Supreme Court is scheduled to hear arguments in a case about the clause's relevance to long-time migrants. Even if that happens, however, the court has signaled that it is ready to consider a quarter-century long dispute about mandatory detention.

How it works

  • * The Immigration and Nationality Act, which governs immigration, gives federal officials broad authority to detain migrants.
  • In most instances, migrants can ask an immigration judge to reconsider their detention.
  • Last year, Congress expanded the list of offenses that result in mandatory dete...

What to take from it

By pointing out that they are neither a flight risk nor likely to endanger the public, migrants are often able to convince immigration judges to permit their release after paying a cash bond and agreeing to comply with any other restrictions.

Details worth keeping

If it sides with the government, the court could allow immigration officials to detain thousands of long-term residents indefinitely, including lawful permanent residents (also known as green-card holders), convicted of a variety of crimes without allowing them to ask an immigration judge for release on bond.

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