Overview
- The Supreme Court agreed on Monday, June 15, to hear Genalo v. Black and will decide whether noncitizens detained under 8 U.S.C. §1226(c) are entitled to individualized bond hearings when detention becomes ‘unreasonably prolonged.’
- A 2024 ruling by the 2nd U.S. Circuit held that prolonged detention without a hearing violates the Fifth Amendment and required the government to justify continued custody by clear and convincing evidence.
- The court asked parties to brief whether the cases are moot because one detainee was released in 2022 and the other voluntarily left the United States, a procedural question that could determine whether the justices reach the constitutional issues.
- A decision for either side would reshape immigration enforcement: a government win would limit detainees’ access to bond hearings, while a detainee win would force more regular custody reviews and could affect thousands in ICE custody and agency practices under President Donald Trump.
- Observers say the case will clarify how long detention may last without review, who bears the burden of proof to keep someone detained, and will be argued during the Court’s next term beginning in October 2026, with close attention to effects on detainees and immigration courts.