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Supreme Court rules immigrants can be detained indefinitely

Supreme Court ruling implies that our beloved US Constitution has been SUSPENDED

 “There is no question that all persons in the United States including unauthorized migrants enjoy the protections of the Constitution,” said Gabriel (Jack) Chin, law professor at University of California-Davis. “There is no debate about that among legal scholars.”
As a general rule, however, if you are placed in custody, your “speedy trial” rights typically require the prosecutor to decide within 72 hours which charges, if any, will be filed. Many states adhere to this 72-hour limit.
In essence the Honorable Supreme Court has committed a terrible legal error unless the Constitution is now SUSPENDED without informing the citizens.  This expatriate writer does not comprehend what has happened to the United States of America and is glad to have made the decision to be an expatriate.

Here is the ruling as follows:

The U.S. Supreme Court explains that this protects defendants from serving lengthy jail times before a conviction. Speedy trial rights also lessen the time that the accused must endure the anxiety and publicity of an impending trial, and minimize the damage that delay might cause to the person’s ability to present a defense.

Immigrants can be held by U.S. immigration officials indefinitely without receiving bond hearings, even if they have permanent legal status or are seeking asylum, the Supreme Court ruled Tuesday.

In a 5-3 ruling Tuesday, with Justice Elena Kagan recusing, that immigrants do not have the right to periodic bond hearings. The ruling is a defeat for immigration advocates, who argued that immigrants should not be held for more than six months at a time without such a hearing.

The Supreme Court ruling follows a Trump administration appeal of a ruling by the 9th Circuit Court of Appeals last year that imposed a rule requiring immigrants held in custody be given a bond hearing every six months, as long as they aren’t considered a flight risk or a danger to national security.

“To impose a rigid six-month rule like the Court of Appeals did is really a mistake,” Solicitor General Ian Gershengorn said in November.In its ruling, the court affirmed the right of the government to detain immigrants while it determines whether they should be allowed in the country.

“Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country,” Justice Samuel Alito wrote in the majority opinion.

The lead plaintiff in the class-action lawsuit, Alejandro Rodriguez, is an immigrant with permanent legal status who was convicted of possession of a controlled substance and joyriding. He was detained by immigration officials for three years without a bond hearing.

The ACLU took up his case, eventually winning his release and the cancellation of his deportation order. The government’s appeal was begun under the Obama administration, and continued after President Trump took office last year.

Retrieved: http://thehill.com/regulation/court-battles/375791-supreme-court-rules-immigrants-can-be-detained-indefinitely

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Expatriate Dr. Sabri g. Bebawi

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Categories: The Resistance

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