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Supreme court reviews 1996 detention law Original Source Link: (May no longer be active)    http://www.boston.com/news/daily/28/scotus_deportations.htm http://www.boston.com/news/daily/28/scotus_deportations.htm Supreme Court to review whether immigrant criminals can be denied bail before hearing By Gina Holland, Associated Press, 6/28/02 WASHINGTON — The Supreme Court agreed Friday to consider whether the government can jail immigrant criminals without bail to keep them from fleeing before deportation hearings. The case tests constitutional protections for legal immigrants. The Bush administration contends immigrants' rights are not being violated, and that public safety is on the line. The case has added significance since the Sept. 11 attacks, with hundreds of foreign nationals being detained. Separately, the court granted the Bush administration's request in another immigration matter Friday. The court put on hold a federal judge's order that secret immigration and deportation hearings be opened to the public unless the government can show why an individual case should be closed. The court will review the issue of jailing without bail in the term that begins in October, with a ruling expected next year. The court will review a 1996 federal law on mandatory detentions that some lower courts have called unconstitutional. The Immigration and Naturalization Service has detained more than 75,000 people under the challenged law, Solicitor General Theodore Olson told the Supreme Court. At issue is whether legal immigrants are being held in violation of the Fifth Amendment prohibition against being "deprived of life, liberty or property without due process of law." The question "applies to thousands of criminal aliens currently in custody and to hundreds of additional criminal aliens each week," Olson argued to the high court. Lawyers for immigrants contend they are put in county jails along with accused felons during the extended deportation process, with no proof that they are flight risks or a danger to the public. Olson argued that immigrants lose their rights when they are convicted of a violent crime. "They have enjoyed full due-process protections in connection with those convictions," Olson wrote in a court filing. "Thus, criminal aliens have already been accorded the opportunity for an individualized hearing on the essential predicate for their detention." Congress has spelled out crimes that require deportation, including violent crimes like murder and nonviolent crimes, including smuggling, counterfeiting and theft. Studies show that nine out of 10 immigrants who face removal flee rather than show up for hearings at which they have little chance of winning, Olson told the court. Olson had asked the court to consider cases won in lower courts by both legal and illegal immigrants, but the court accepted only a case dealing with a Korean-born man who was a legal U.S. resident. Hyung Joon Kim came to the United States at age 6. In his late teens he was convicted of burglary and petty theft. He received a three-year sentence on the theft charge in California, and one day after his release the INS detained him. He challenged the mandatory detention and was released on bail. Three appeals courts have ruled against the government in such cases, the 3rd U.S. Circuit Court of Appeals in Philadelphia, the 9th U.S. Circuit Court of Appeals in San Francisco and the 10th U.S. Circuit Court of Appeals in Denver. In two immigration cases last year, the high court narrowed INS powers. Justices ruled that legal aliens convicted of certain crimes are entitled to a hearing before they can be ordered out of the country. The court also said that immigrant criminals with no country to accept them cannot be jailed indefinitely in America. The case is Demore v. Kim, 01-1491.

1996 mandatory detention law { January 15 2003 } Anti terrorism effective death penalty act 1996 { November 17 2003 } Court overturns part of key anti terrorism law Supreme court reviews 1996 detention law Files Listed: 4

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