October 2017 Preview | Jennings v. Rodriguez

Case No. 15-1204 | 9th Cir. Decision

In the October 2016 term, a deadlocked eight-Justice bench ordered reargument in Jennings v. Rodriguez. With nine Justices, the Court is finally ready to answer the timely immigration question presented in this case.

Alejandro Rodriguez immigrated to the United States from Mexico when he was just a year old. He became a legal permanent resident of the U.S. at nine years old. After having some run-ins with the law later in life—including convictions for joyriding and misdemeanor drug possession—Rodriguez was placed in an immigration detention center, facing deportation to Mexico. For three years, Rodriguez remained in immigration detention without a single bond hearing. This same process is repeated for other immigrants facing criminal charges as well as asylum seekers.

Does it violate the Constitution—specifically, the Due Process Clause—to subject immigrants facing deportation to long-term detention without bond hearings? This issue has become particularly relevant in light of President Trump’s efforts to crack down on illegal immigration. In fact, immediately after assuming office, President Trump signed an Executive Order affirming that long-term detention without bond hearings was the official United States policy.

Two circuit courts have addressed the issue. The Second Circuit concluded that every immigrant facing deportation proceedings has a right to a bond hearing. The lower appellate court in this case, the Ninth Circuit, not only held immigrants had the right to bond hearings but even stated that bond hearings are required every six months. At oral argument last year for this case, several Justices seemed particularly wary of the Ninth Circuit’s decision because of its apparent judicial legislation. The fact that the Ninth Circuit actually provided that immigrant detainees must have a bond hearing every six months might again prove to be the contentious point when the Court rehears oral argument. If the Court takes issue with that, then perhaps it will avoid reaching the broader issue as to whether immigrant detainees can be held long term without a bond hearing.