The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and §§ 1226(a),(c) of the Immigration and Nationality Act.2 This holding perpetuates the U.S.' tradition of immigration laws having an overwhelmingly negative effect of mass incarceration and criminalization on people ofcolor.3
The Intersection of Race, Bond, and "Crimmigration" in the United States Immigration Detention System,
U.D.C. L. Rev.
Available at: https://digitalcommons.law.udc.edu/udclr/vol22/iss1/6