Recently, on the morning of October 3, 2017, Justice Ginsburg made an important point for mandatorily detained noncitizens: “there is something in between.”
Under Chapter 8 of the U.S. Code, the government must detain certain non-citizens throughout their removal proceedings. The issue being argued in Jennings v. Rodriguez is whether it is unconstitutional to detain these individuals for a prolonged amount of time without some form of bond review. Many complicated factors, such as the plenary power doctrine, due process issues, and the congested immigration court system left the Supreme Court of the United States befuddled on when it is appropriate to require review for potential release. What has become clear, though, is that something must be done to correct the injustices thrust upon those placed in prolonged detention, even if it requires a new middle ground, much like that which Justice Ginsburg alluded to in her statement at reargument.