Supreme Court Declines to Rule in Three Immigration Cases

On Monday, the last day for orders of its term, the Supreme Court of the United States pushed two cases with potentially far-reaching implications for immigration enforcement to its fall term.

Jennings v. Rodriguez concerned whether criminal and terrorist-suspect aliens detained while awaiting rulings by immigration courts must be given bail hearings and be allowed the opportunity to remain free on bail while their case is pending. The plaintiff in the case has been held for over three years without bail.

In Sessions v. Dimaya, the court was asked to consider the constitutionality of a section of the Immigration and Nationality Act defining whether a “crime of violence” makes one subject to deportation. The definition, a crime that “by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense,” is being challenged as unconstitutionally vague.

In both cases the court has decided to wait until next term, when newly seated Justice Neil Gorsuch will be able to participate fully in the proceedings.