High court: Held immigrants can't get periodic bond hearings

Opinions 2018/03/06 23:04   Bookmark and Share
The Supreme Court ruled Tuesday that immigrants the government has detained and is considering deporting aren't entitled by law to periodic bond hearings.

The case is a class-action lawsuit brought by immigrants who've spent long periods in custody. The group includes some people facing deportation because they've committed a crime and others who arrived at the border seeking asylum.

The San Francisco-based U.S. Court of Appeals for the 9th Circuit had ruled for the immigrants, saying that under immigration law they had a right to periodic bond hearings. The court said the immigrants generally should get bond hearings after six months in detention, and then every six months if they continue to be held.

But the Supreme Court reversed that decision Tuesday and sided with the Trump administration, which had argued against the ruling, a position also taken by the Obama administration.

Justice Samuel Alito wrote for five justices that immigration law doesn't require periodic bond hearings. But the justices sent the case back to the appeals court to consider whether the case should continue as a class action and the immigrants' arguments that the provisions of immigration law they are challenging are unconstitutional.

But Justice Stephen Breyer, writing a dissenting opinion joined by two other liberal-leaning justices on the court, Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg, said he would have read the provisions of immigration law to require hearings for people detained for a prolonged period of time.

"The bail questions before us are technical but at heart they are simple," Breyer wrote. "We need only recall the words of the Declaration of Independence, in particular its insistence that all men and women have 'certain unalienable Rights,' and that among them is the right to 'Liberty,'" he wrote.

The American Civil Liberties Union, which brought the case on behalf of the immigrants, had previously said that about 34,000 immigrants are being detained on any given day in the United States, and 90 percent of immigrants' cases are resolved within six months. But some cases take much longer.

In the case before the justices, Mexican immigrant Alejandro Rodriguez was detained for more than three years without a bond hearing. He was fighting deportation after being convicted of misdemeanor drug possession and joyriding, and was ultimately released and allowed to stay in the United States.
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Court rules in favor of fired transgender funeral director

Court Watch 2018/03/06 23:03   Bookmark and Share
A woman was illegally fired by a Detroit-area funeral home after disclosing that she was transitioning from male to female and dressed as a woman, a federal appeals court ruled Wednesday.

The 6th U.S. Circuit Court of Appeals said R.G. & G.R. Harris Funeral Home in Garden City discriminated against director Aimee Stephens by firing her in 2013.

In a 3-0 decision, the court said "discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII" of federal civil rights law.

The court overturned a decision by U.S. District Judge Sean Cox, who said the funeral home had met its burden to show that keeping Stephens "would impose a substantial burden on its ability to conduct business in accordance with its sincerely held religious beliefs."

The lawsuit was filed by the U.S. Equal Employment Opportunity Commission.

"The unrefuted facts show that the funeral home fired Stephens because she refused to abide by her employer's stereotypical conception of her sex," said judges Karen Nelson Moore, Helene White and Bernice Donald.

The EEOC learned that the funeral home, until fall 2014, provided clothing to male workers dealing with the public but not females. The court said it was reasonable for the EEOC to investigate and discover the "seemingly discriminatory clothing-allowance policy."

Stephens said in a statement released by the American Civil Liberties Union that nobody "should be fired from their job just for being who they are," adding "I'm thrilled with the court's decision."
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