Mandatory Detention of Deportable Criminal Immigrants Pending Removal Proceedings
Case: Demore v. Kim, 538 U.S. 510 (2003)
Summary of the Case
The case dealt with whether the U.S. government can detain certain immigrants who have been convicted of specific crimes while they wait for their deportation hearings, without giving them an individualized hearing to assess if they pose a danger to society or are likely to flee.
Facts
- Hyung Joon Kim, a lawful permanent resident who immigrated to the U.S. as a child, was convicted of first-degree burglary and petty theft with prior offenses. These crimes classified him as deportable under U.S. immigration laws.
- Kim was detained under a federal law requiring mandatory detention for immigrants convicted of certain crimes during their removal proceedings.
- Kim argued that being held without the chance for a bond hearing violated his constitutional right to due process.
Legal Analysis
- The Supreme Court examined whether the mandatory detention law violated the Due Process Clause of the Fifth Amendment.
- The Court acknowledged that immigration law often imposes rules on non-citizens that would not be acceptable if applied to U.S. citizens. Congress was concerned that allowing release during proceedings led to immigrants failing to show up for hearings or committing further crimes.
- The Court found that the detention served legitimate purposes, such as ensuring the immigrant’s presence at hearings and protecting public safety. It emphasized that most detentions under the law were brief, averaging about 47 days.
Conclusion
The Supreme Court upheld the mandatory detention law, ruling that it did not violate due process. It reasoned that detaining criminal immigrants for a limited time while their cases are processed is constitutionally permissible.
This decision affirmed the government’s authority to enforce strict immigration detention policies for deportable criminal immigrants.
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