Whether Donald Trump or Hillary Clinton is elected
president, we can expect the current trend of record-high levels of
deportations to continue. At present, about 400,000 people are detained and
processed for deportation. The process is seriously backlogged.
The ACLU sued several years ago to require that courts hold
a bond hearing for people who face lengthy detentions. A lower court agreed,
and ruled that the U.S. government must hold a bond hearing if a detainee is
held for more than six months. The Ninth Circuit Court of Appeals reversed,
however.
There are three types of detainees caught up in this dramatic
action.
1. People
caught making an illegal entry to the U.S. at or near a border.
2. Lawful
permanent residents (Green Card holders) who are convicted of crimes.
3. Undocumented
workers caught in enforcement sweeps.
If Trump is elected and follows through on his campaign
promise to deport 11 million unlawful aliens, it will take many years for the
courts to process these cases (unless President Trump declares the equivalent
of martial law and suspends the Constitution).
The high court will hear oral arguments and decide the case
during its next term, which starts in October and ends in June 2017.
And consider this factor: In the current term, which ends in
two weeks, the Supreme Court will decide whether to reinstate President Obama’s
2014 executive action to shield millions of immigrants in the country illegally
from deportation. The plan was blocked by lower courts.
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