
Originally Posted by
Guisslapp
Very familiar with Flores v. Reno as immigration was the debate topic for high school debate back in 1995-96, when this case was going up on appeal.
I don’t believe you believe for a second that the “law” should be changed in this regard. The Supreme Court majority opinion was by Scalia and upheld the constitutionality of the law in question.
However, by its plain language, the law in question, 8 U.S.C.S. 1252(a)(1), provides that an alien detained pending a deportation hearing generally may, in the discretion of the United States Attorney General, be
(1) continued in custody;
(2) released under a bond containing such conditions as the Attorney General may prescribe; or
(3) released on conditional parole.
Notice that this still leaves the treatment in the discretion of the Attorney General, and well, we know Sessions/Trump policy in that regard.