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Matthew Kolken on Deportation And Removal

The Justice Department Misled SCOTUS on Immigration Detention

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Via the Wall Street Journal:

The Justice Department said it provided the Supreme Court with erroneous information that helped it win a 2003 case upholding a blanket policy of denying bail to thousands of immigrants imprisoned while appealing deportation orders.

The department, in a Friday letter to the court, said it made “several significant errors” that greatly understated the time certain aliens with criminal records spend in no-bail detention. The 2003 opinion, Demore v. Kim, cited government data to hold that “the very limited time of detention” such aliens face while their appeals are pending is too short to trigger a constitutional right to a hearing to argue for bail.

The new estimate put the average detention period at more than a year, or more than three times the four-month estimate the Supreme Court relied on with the Demore ruling.

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Updated 09-02-2016 at 08:11 AM by MKolken

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