The Supreme Court announced Monday that it will hear a case next term on whether Immigration and Customs Enforcement can hold lawful permanent residents indefinitely without bond hearings.
The case centers on two green card holders, Carol Black and Keisy G.M. Black, who moved to New York from Jamaica in 1983, was detained by ICE in 2019 for seven months. G.M., a resident since 2011, was held for 21 months.
The Court of Appeals for the 2nd Circuit ruled that both men had a constitutional right to a bond hearing under due process standards. The federal government is asking the Supreme Court to hold that no such hearings are required, regardless of detention length.
The ACLU, representing the men, has argued the case is moot since both have been released. The Supreme Court added the mootness question to the case.
The dispute involves the Immigration and Nationality Act and prior rulings such as Demore v. Kim and Jennings v. Rodriguez.