Jennings v. Rodriguez (15-1204rearg)
argument 15-1204reargJennings v. Rodriguez
Supreme Court of the United States
1h 0m
6 speakers
8 chapters
transcribed 6 days ago
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What constitutional principle does the Court cite for Congress’s authority over alien entry and detention?
We'll hear an
argument next in case fifteen twelve oh four Jennings versus Rodriguez. Mr. Stewart. Mr. Chief Justice, and may it please the Court, this Court has often stressed the breadth of Congress's constitutional authority to establish the rules under which aliens will be allowed to enter and remain in the United States. This case squarely implicates that principle. During the pendency of respondents' removal proceedings, the question whether members of the certified class will be detained and the question whether they will be allowed into the United States are simply two sides of the same coin. In practical effect, respondents assert a constitutional right to be released into this country for the remainder of their removal proceedings if those proceedings last for more than six months and the government cannot prove flight risk or dangerousness by clearing convincing evidence.
This Court's decisions make clear that respondents have no such right. If I may, I'd like to begin with the arriving alien subclass. Provision that's most directly at issue for these purposes is at page 152A of the petition appendix. And this one deals particularly with what I think is the most important subset of the arriving alien subclass. That is, individuals who come to the country for the first time, they pass a credible fear screening for asylum purposes, and they're then placed in the country. Placed in removal proceedings. And near the top of page one hundred fifty two A in Romanette two, referral of certain aliens, it says if the asylum officer determines at the time of the interview that the alien has a credible fear of persecution, the alien shall be detained for further consideration of
the application for asylum. And so in the very provision in which Congress was dealing with aliens who passed the credible fear screening, it was making clear that the finding of a credible fear confers no entitlement to be released into the United States. It's an important step in the process because it means that the alien won't be placed in expedited removal and ha will have a thorough chance to to prove his uh uh compliance with the cre prerequisites for asylum, but it doesn't confer any right to be released into the United States to the country. There is a possibility of parole. That's entrusted to the discretion of DHS. That is made under some of the same criteria that the respondents would have the immigration judge make in bond hearings.
That is, it's the policy of DHS that if an alien passes a credible fear screening and DHS is adequate is able adequately to verify his identity, is satisfied that the alien is not a flight risk and will not be dangerous if released into the community, Uh unless there is some countervailing consideration, the policy of DHS is to pearl those individuals into the country. I think Can
you give me any idea of numbers or do ten percent meet that requirement twenty percent or do we know?
We we really don't know. DHS doesn't keep statistics as to to the numbers. I I don't think it's a it's not either a formality in the sense of aliens being always or almost always parole, neither is it a nullity, but but t between those two extremes I don't think we really have reliable statistical evidence. I think there was
I thought that we had some And from what I understand in two thousand and twelve. ISIS granted parole to eighty percent of arriving aliens In twenty fifteen the number dropped to forty seven percent and it may be lower now. So my question is it's obviously the executive alone making this determination. what other area of law? Have we permitted A government agent. on his or her own without a neutral party. looking at that decision. to detain someone indefinitely.
Well I I first of all I would not accept the premise that this is indefinite detention. It is true that there is no outer limit in terms of a number of days, but it is detention that is specifically pending a determination of eligibility for asylum.
that that determination is going to be done in some expeditious way, but we know f as a matter of fact
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Chapters
8 chapters
1
What constitutional principle does the Court cite for Congress’s authority over alien entry and detention?
0:00–8:26
2
How does the petition define the rights of aliens who have passed a credible‑fear screening?
8:26–16:23
3
What is the role of DHS parole and bond hearings in the detention of arriving aliens?
16:23–25:09
4
How do the parties argue the difference between immigration detention and criminal detention?
25:09–33:11
5
What statutory provisions (1225 vs. 1226) govern detention of aliens inside the country versus at the border?
33:11–39:35
6
Why is the six‑month benchmark from Demore considered a bright‑line rule for due‑process challenges?
39:35–47:09
7
How do the parties propose measuring unreasonable delay and attributing responsibility to the government?
47:09–54:13
8
What relief are the parties seeking regarding class‑wide bond hearings and individualized assessments?
54:13–1:00:55