For almost a year now, the U.S. Supreme Court has been grappling with if the government can indefinitely detain migrants it’s considering deporting without allowing a hearing.
In November of 2016, the eight-member court was deadlocked and unable to come to a decision. It was expected that with Neil Gorsuch joining the court, he would be the tie breaker however, on Tuesday the justices still had difficulties with the issue, just as they did when they first heard the case last year.
The justices were hearing a case of a class action lawsuit brought by immigrants, who’ve been in custody for an excessive period of time. Some of the immigrants are facing deportation because of crimes they’ve committed, while others are being detained while they seek asylum.
The courts have to determine whether the immigrants should get a bond hearing after six months of detention.