Episode Details

The Supreme Court is being presented with yet another momentous illegal migrants decision to make—is an illegal who can manage to drag out the deportation process long enough entitled by law to a bond hearing that will inevitably release him to disappear once again into the American interior, or is the government allowed to detain that illegal migrant for the duration of the deportation process regardless of how long the illegal delays that process?

Key to all this: The detainee subject to deportation is entitled by law at any time to raise his hand and be released—he just must choose some place other than the United States has his place of release.  He is only detained so long as he is demanding the right to remain in the US. 

Currently there is a circuit split on this question, with some federal circuits siding with the Trump administration argument that ongoing detention is lawful under both statute and Constitutional due process law—and that, in any case, Congress has stripped the Article III courts of the jurisdiction to hear these deportation cases--and other federal circuits claiming that not only must the government offer a bond hearing, but that there must be an overwhelming burden of proof on the government to deny bond and release, such that it is inevitable that illegals detained will be set free into the American interior.

Trump’s senior advisor Steven Miller’s “American First Legal” organization has just filed an excellent Amicus Brief supporting (naturally) the Trump administration’s position, and I’ll be covering that brief in today’s show.

Join me LIVE at Noon ET as I break it all down!

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Episode #1406.

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