On Tuesday, the Supreme Court decided Jennings v. Rodriguez, a class-action challenge to provisions of the immigration laws allowing for immigrant detention. In a 5-3 decision, the Court reversed the judgement of the Ninth Circuit Court of Appeals in the case.
The case involves several illegal aliens who have been ordered deported from the United States, but who disagree with being detained while challenging their deportation. The Ninth Circuit Court of Appeals, in a departure from federal law, ruled that these aliens are entitled to challenge their detention every six months until a final decision on their deportation is made.
The Ninth Circuit Court of Appeals ruled that the alien should be released unless the government can prove they are likely to flee or they pose a serious threat to public safety.
“I am pleased with the Court’s ruling today. Five Justices stood up for enforcement of America’s immigration laws and again stopped a rogue federal court. Many of the illegal aliens repeatedly protected by the Ninth Circuit have committed serious crimes and pose serious harms to our society. Our communities routinely experience the dangers of allowing criminal aliens to roam free in our streets, leading to tragedies like the murder of my constituent Grant Ronnebeck. It is unacceptable for the Ninth Circuit to create new rights for illegal aliens that were outside of the bounds of current federal law and that are detrimental to the security of Americans,” stated Congressman Andy Biggs.
“This decision underscores the importance of Congress to pass legislation that will protect our constituents from criminally violent illegal aliens. The House has already passed several bills that protect Americans, including ‘Grant’s Law’ and ‘Kate’s Law.’ Unfortunately, these bills sit idly in the Senate. By refusing to consider these vital pieces of legislation, the Senate empowers courts, such as the Ninth Circuit Court of Appeals, to make unconstitutional policies instead of applying the laws passed by the representation of the people. I request that the Senate do their jobs and consider the bills the House previously approved,” concluded Biggs.