In a landmark case, the Federal Court just ruled that immigrants are entitled to a hearing and potential bail before any prolonged detention. The Court said that failure to do so is unconstitutional The ruling which came down in the Third Federal Circuit effects immigration detainees in NewJersey and Pennsylvania.
The case was brought by a detainee from the country of Senegal who was detained for nearly three years in immigration custody without the opportunity for a bail hearing. Cheikh Diop was not given a hearing to determine whether or not his detention was necessary for this three year period.
This ruling should have a spill over effect on the other federal circuits over time. Ultimately, if there is division between more than one federal circuit, the case may be ruled upon by the United States Supreme Court. If this happens, immigrant detainees could get an opportunity for bail at the early stages of all immigration detentions.
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