Springtime decisions in the U.S. Supreme Court usually begin to reveal sharp differences among the justices. On Tuesday, a concurrence by Justice Brett Kavanaugh in an important immigration ruling struck a nerve in Justice Stephen Breyer.
In Nielsen v. Preap, the court’s conservative majority ruled the Trump administration had authority to arrest and detain without bond hearings those immigrants who had completed their criminal sentences even after they had spent years in the community. Those immigrants could be held until their removal had been decided by an immigration court.
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