[20180403]LSB10112_移民诉讼中的外国人能否被无限期拘留？高等法院关于法定权力而非宪法权力的规则 .pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Can Aliens in Immigration Proceedings Be Detained Indefinitely? High Court Rules on Statutory, but not Constitutional Authority Updated April 3, 2018 Recently, the Supreme Court in Jennings v. Rodriguez interpreted provisions of the Immigration and Nationality Act (INA) as authorizing the potentially indefinite detention of certain categories of aliens, without bond, who are awaiting removal proceedings. The Court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit), which upheld a federal district courts injunction requiring aliens detained under one of three statutes to be afforded a bond hearing, and potentially be released from custody, if held longer than six months. Because the indefinite detention of at least some categories of aliens covered by the challenged statutes would arguably raise constitutional concerns, the Ninth Circuit had construed the statutes so that the period in which they authorized detention without bail was limited to six months. But the Supreme Court ruled that this interpretation was implausible given the statutes text, and the Co