Hey friends in this video, we're gonna talk about a really important Supreme court decision
that came out on June 13th.
And it was an eight to one decision written by justice soda Myer, which held that the
government may hold immigrants indefinitely without a right to a bond.
Hearing those of you who are new to me.
Welcome to my channel.
I'm Latoya McBean POY and immigration lawyer in New York.
Working with clients all over the world on complex immigration matters.
Reach out to us@mcbeanlaw.com to get started, or call us at (516) 866-3900.
Before you go today, do me the favor of subscribing to this channel and hidden that notification
bell.
So that you'll be in the loop on my videos each week.
Lastly, friends for more immigration tips and news subscribe to my weekly newsletters,
so that you'll really stay in the loop with everything.
Let's talk about the Supreme court case.
This is the Johnson V Ortega Martinez case.
And it says, again, guys, that detained individuals, whether they had committed a crime or not,
but detained individuals do not have an automatic right to a bond hearing.
And um, if a person wants to ask for a bond hearing, they need to do so individually,
not as a class cannot be a class, a group of individuals who have this right to a bond
hearing.
Thousands of people are detained.
According to Syracuse university, I was looking at the numbers earlier today, 24,591 individuals
are in detention as of June 5th.
Now at the heart of this case was the argument that immigrants who held in detention for
six months or longer, they're entitled to a bond hearing.
And at that hearing, the government must prove the necessity to keep these individuals, um,
detained in 2020, the ninth circuit court of appeals held that these immigrants actually
deserve to have a bond hearing.
And the Biden administration, friends argued that no, not the case.
The government should hold onto these individuals until the litigation process has been finalized.
So the Biden administration guys is argued very strongly against the idea of immigrants.
Having this entitlement to a bond hearing in this decision, the Supreme court reversed
the ninth circuit's opinion.
Now you might be saying, well, if they're being detained by ice, obviously they're criminals,
right?
The criminal aliens, those are the ones who ice or the Biden administration is targeted.
Well, when you look at the data though, guys, the data says something completely differently.
According to Syracuse university, 72.8% of ice detainee
Have no criminal record.
And furthermore, the data shows that only 21% of detainee have access to legal representation.
So a significant number are at a huge disadvantage without having legal representation while
they're going through the removal process, legal representation that could very well
get them a bond hearing and get them released from prison while their removal case is ongoing.
Because if the backlog in immigration court, as you guys know, you hear me talk about backlogs
all the time with immigration, uh, cases can be in immigration court for several years.
While if an individual appeals, the decision, the appeal can be pending for quite a while
years.
And while the appeal is pending, these individuals are in prison.
For some people they say, no, thank you.
I'm not gonna sit and wait in prison until the appeal process has completed.
I'm just gonna sign the paperwork and send me back home, deport me because I'm not gonna
spend another day in this, uh, facility.
This is the reality guys that thousands of detainees are faced with right now.
Uh, the fact that they do not have this automatic right, or entitlement to a bond herein and
the government may hold onto them until the litigation process has completed.
Or until the judge, you know, a judge says, okay, I'm gonna grant you the bond, but in
order to get a bond, guys, you've gotta recognize that you have to have the right argument to
present before the immigration judge to get that bond approved.
This is the latest friends.
I hope you found it.
Helpful comment below.
Let me know your thoughts about the Supreme court decision.
And I will see you in the next one.
Thanks for watching.
Bye-bye.