US Supreme Court to Review Prolonged Immigrant Detention Without Bond Hearings

Human Rights Research Center
1 day ago
4 min read

June 25, 2026

HRRC condemns the prolonged detention of immigrants without meaningful judicial review. Immigration detention may be formally civil rather than criminal, but its consequences are carceral: people are separated from families, communities, legal support, employment, and medical care while their removal cases proceed. Basic due process requires that the government justify prolonged deprivation of liberty before a neutral decision-maker.

US Supreme Court [Image Credit: WikiMedia Commons]

On June 15, the US Supreme Court agreed to hear Genalo v. Black, a case that could determine whether some non-citizens detained during deportation proceedings are constitutionally entitled to bond hearings after months or years in custody.

A bond hearing is where an immigration judge decides whether a detained person may be released while immigration proceedings continue, usually after assessing flight risk and danger to the community.

The Second Circuit Court of Appeals had framed the case in stark liberty terms, writing that the interest affected by prolonged detention is “the most significant liberty interest there is—the interest in being free from imprisonment.”

The case concerns 8 USC § 1226(c), a federal immigration detention statute requiring the government to detain certain non-citizens, including people who may be deported due to certain criminal convictions, while removal proceedings are pending. The legal question before the Supreme Court is whether detention becomes unconstitutional when it continues for an “unreasonably prolonged” period without a bond hearing.

In other words, the Court must decide whether there is a point at which detention under § 1226(c) becomes “unreasonably prolonged” so that a bond hearing would be required as part of due process . The case also asks whether, if a hearing is required, the government must prove by clear and convincing evidence that continued detention is justified.

The case arose after two lawful permanent residents of the US were detained during removal proceedings. Carol Williams Black, a Jamaican citizen and lawful permanent resident since 1983, was detained for seven months before a federal court ordered a bond hearing. Keisy G.M., a Dominican citizen and lawful permanent resident since 2011, was detained for twenty-one months before later being released on pandemic-related grounds.

In May 2024, the US Court of Appeals for the Second Circuit held that under § 1226(c), due process bars “unreasonably prolonged” detention without a bond hearing. The court declined to impose a strict six-month rule, but determined that courts should assess detentions on a case-by-case basis. The court also concluded that detentions exceeding six months raise serious due process concerns and that once a hearing is required, the government must justify continued detention with clear and convincing evidence.

The Trump administration appealed the Second Circuit’s decision, arguing that federal immigration law permits the mandatory detention of noncitizens who entered the US without inspection while their removal proceedings are pending, even if they have no criminal convictions.

The Supreme Court is expected to hear the case in its next term, beginning in October.

This is not the first time that the Supreme Court has made decisions about prolonged immigration detention. In Jennings v. Rodriguez, the Supreme Court ruled that the immigration statutes themselves did not provide detained non-citizens with a right to periodic bond hearings, but the Court did not resolve any constitutional questions about whether the Due Process Clause independently requires such hearings in some prolonged detention cases.

Genalo v. Black now brings that constitutional question back before the Supreme Court.

If the Court reverses the Second Circuit’s decision, then the government may have broader authority to detain people for extended periods without individualized review. However, if it affirms the decision, people detained under § 1226(c) could have a clearer constitutional basis to demand a bond hearing once detention becomes unreasonably prolonged.

Glossary

8 USC § 1226(c) — A US immigration statute requiring detention of certain non-citizens, including people charged with removability based on specified criminal convictions, while removal proceedings are pending
Civil law — The branch of law that covers private rights, obligations, and non-criminal offenses
Clear and convincing evidence — A medium-level legal standard requiring the government to prove that its claim is highly probable; in this case, the issue is whether the government must meet that standard to justify continued immigration detention
Detention —Detention means holding a person in custody and restricting their liberty. In immigration law, it refers to noncitizens being held in DHS or ICE (civil) custody while their removal case, bond request, or deportation process continues
Due Process Clause — The Fifth Amendment protection that the federal government may not deprive any person of life, liberty, or property without due process of law
Lawful permanent resident — A non-citizen authorized to live permanently in the US, commonly called a green-card holder
Writ of certiorari — In the US Supreme Court context, a petition for a writ of certiorari is a request asking SCOTUS to take the case. If the Court grants certiorari or grants cert, it means the Court will hear the case. If it denies certiorari, the lower court’s decision remains in place, but the denial does not mean SCOTUS agrees with that decision
Removal proceedings — Immigration proceedings to determine whether a non-citizen should be deported from the US
Statute — A written law enacted by a legislature. For federal law, that usually means a law passed by both the House and Senate and approved by the President, though it can also become law through veto override

References

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US Supreme Court to Review Prolonged Immigrant Detention Without Bond Hearings

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