The case asks a basic question: Can the government detain someone for months or even years during their immigration proceedings without ever having to show that continued detention is necessary?
SAAJCO and Jenner & Block filed the amicus brief as co-counsel on behalf of SAAJCO, the American Immigration Lawyers Association (AILA), the American Immigration Council (AIC), Asian Law Caucus, Sikh Coalition, and RAICES.
Our brief focuses on the real-world consequences of prolonged mandatory detention and why meaningful judicial review matters.
“A government should not be able to deprive people of their liberty for months or years without having to justify that detention. Meaningful judicial review is a basic safeguard against unchecked government power and essential to our democracy,” said Kalpana V. Peddibhotla, Executive Director of the South Asian American Justice Collaborative (SAAJCO).”
SAAJCO is serving as amicus co-counsel with Jenner & Block in Genalo v. Black, urging the U.S. Supreme Court to require a bond hearing when mandatory immigration detention becomes unreasonably prolonged.
Mandatory detention sweeps broadly.
People can be detained based on minor or nonviolent offenses, conduct from many years ago, and in some circumstances even without a criminal conviction. Many have longstanding families and deep ties to their communities.
Detention harms entire families.
Months or years of confinement can separate parents and children, eliminate household income, destabilize housing, and cause lasting psychological and educational harm to children.
Conditions can be dangerous and discriminatory.
People in immigration detention may face overcrowding, inadequate medical and mental-health care, and prison-like conditions. Religious and linguistic minorities can face additional barriers to religious accommodations, dietary requirements, and language access.
Detention can make a fair immigration case harder to pursue.
People in detention often struggle to obtain lawyers, gather records and evidence, communicate with witnesses, and pursue appeals. Some face the impossible choice between remaining detained and giving up potentially valid claims to remain in the United States.
SAAJCO fights for the civil and human rights of the South Asian diaspora in the United States through legal advocacy, community engagement, and narrative power.
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