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Deported who return to seek asylum will remain in detention while their cases are reviewed

June 30, 2021

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The Supreme Court of the United States ruled this Tuesday that the Federal Government can keep under “indefinite detention” those migrants who claim to be persecuted and / or tortured if they are deported to their countries of origin by the authorities.

Given this, immigration experts suggest that this measure would unfortunately affect thousands of people whose applications were rejected during the Trump administration.

The highest judicial body voted 6-3 in favor of these immigrants not having the right to a hearing to try to be released on bail while the authorities evaluate their cases. For his part, the judge, Samuel Alito, wrote in the Supreme Court decision that “these foreigners do not have the right to a bail hearing.”

The measure applies to people who had previously been deported and who, upon illegally re-entering the United States, claimed to be persecuted or tortured in the event of being deported to their country of origin.

According to Telemundo 52, an immigration official determined that immigrants had a “reasonable fear” for their safety if they returned to their countries, launching an evaluation process that can take months or years. The question for the Supreme Court to decide was whether the federal government can detain migrants without an immigration judge deciding.

With information from Telemundo and Univisión.

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