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1 (November 28, 2016)

handle is hein.crs/crsmthmaobv0001 and id is 1 raw text is: CRS Reports & Analysis Legal Sidebar Supreme Court to Hear Challenge to Aliens' Detention Pending Removal Proceedings 11/28/2016 On November 30, 2016, the Supreme Court is scheduled to hear oral arguments in Jennings v. Rodriguez. QnQ of foir immi)gratiQrt1_ case s currently on the Court's docket for its October 2016 Term, this case could have significant implications for the executive branch's practice of detaining certain aliens while simultaneously seeking removal orders against them. It could also answer long-standing questions about how to reconcile High Court precedents regarding the detention of aliens during and ater removal proceedings, as well as the continuing validity of mid-Twentieth Century decisions regarding Congress's plenary power over aliens' admission into the country. This Sidebar briefly explains the legal issues in Jennings, and explores what the High Court's decision could mean for detention practices specifically and immigration law more generally. The Legal Issues in Jennings At its core, the litigation in Jennings centers upon three separate provisions of the Immigration and Nationality Act (INA) that the executive branch has historically construed to require or authorize the detention of aliens throughout the course of removal proceedings (i.e., from the time when DHS charges the alien with being inadmissible or .dpable until the alien is ordere t be ve; other provisions of the INA address aliens' detention after the issuance of a removal order). As Table 1 explains, two of these provisions-INA §§ 235(b) and 236(c)-have been construed by the Executive Branch to require that arriving aliens who are subject to expedited. reoval and aliens inadmissible or deportable on cerain criminal and terrorism grounds be detained without bond hearings before an immigration judge and released only in narrow circumstances. The third provision-INA § 236(a)-has been similarly construed to permit the detention of other aliens who are not subject to detention under , although these aliens may be released if they .an demonstrate their suitability for release. Table 1: INA Provisions at Issue in Jennings v. Rodriguez Provision Aliens Affected Executive Branch Interpretation LA. Arriving aliens Detention is required until the alien is removed (in the case of S235(b) subject to ealiens who are found not to have a credible fear of persecution), rem.oval or pending consideration of the alien's application for asylum (in the case of aliens found to have a credible fear). ND½ndh in before an immigration judge is provided. Release is generally possible only if immigration officials decide to p.arole the alien into the United States. Detention pending removal proceedings is required. No bond INA Aliens inadmissible

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