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Supreme Court takes up case about detaining immigrants

On Behalf of | Dec 12, 2016 | U.S. Immigration Law |

Maryland residents might be interested in learning about a case that is currently being considered by the Supreme Court of the United States. The case concerns the constitutionality of detaining immigrants without detention hearings for lengthy periods of time, in some case ranging up to as long as 19 months or more.

The case concerns the rights of between 6,000 and 8,000 people who are currently being detained while they wait to have deportation hearings. The immigration court system has a huge backlog, and currently, many of the people being held do not receive hearings at which they can ask for temporary releases while they wait for their hearings.

Currently, many people who are permanent residents but have committed minor crimes are being held and are awaiting deportation proceedings. In many of the cases, the crimes are relatively petty thefts or drug offenses. Others are seeking asylum because of real fears of persecution in their homelands. In the case of those who are seeking asylum, around 70 percent are ultimately granted it. The people who are permanent residents and have lived in the U.S. for long periods of time before their convictions for crimes are successful at their hearings 40 percent of the time. The Supreme Court is expected to rule on the case by summer.

A refugee or a permanent resident who is facing the possibility of deportation might want to get help from an immigration and naturalization attorney. A lawyer may be able to secure a hearing through which the person may be able to seek a temporary release. He or she may also advocate on behalf of his or her client in order to try to help the client avoid deportation and removal. An attorney may also review the underlying criminal conviction in order to determine if the person was advised about the potential immigration consequences by his or her criminal defense attorney.