Friday, November 17, 2017
Immigration Article of the Day: Jennings V. Rodriguez and the Future of Immigration Detention by Philip L. Torrey
Jennings V. Rodriguez and the Future of Immigration Detention by Philip L. Torrey, Harvard Latino Law Review, Vol. 20, No. 171, 2017
Immigration detention will likely play a central role in the Trump administration’s efforts to increase deportations Despite the President’s broad authority to detain, the U.S. Supreme Court will have an opportunity to limit that authority via a case that will be heard for a second time before the Court this year. In Jennings v. Rodriguez, the Court will consider both statutory and constitutional challenges to the government’s ability to detain certain individuals without providing them the opportunity to be released on bond. Not only does the Court’s decision in Jennings have the potential to restrict the government’s use of immigration detention, but it could simultaneously chip away at the plenary power doctrine, which traditionally accords Congress and the President broad authority to enact, administer, and enforce immigration law without judicial oversight.