Nielsen v. Preap Case

This case consolidated three class-action lawsuits challenging the government's practice of subjecting certain noncitizens with criminal convictions to mandatory detention under 8 U.S.C. § 1226(c) even when they were not taken into immigration custody immediately upon release from criminal confinement. The plaintiffs, including Mony Preap, had been released from criminal custody years before being detained by immigration authorities. They argued the statutory phrase "when the alien is released" required prompt detention immediately following release. The Supreme Court, in a 5-4 decision authored by Justice Alito, reversed the Ninth Circuit, holding that the statute's mandatory detention provision applies regardless of when the alien is taken into custody after release from criminal confinement.

The Supreme Court ruled 5-4 in favor of the government, holding that 8 U.S.C. § 1226(c) mandates detention of certain criminal aliens regardless of when they are taken into immigration custody after release from criminal confinement. The Court found that the statutory language "when... released" does not impose a temporal limitation requiring immediate detention.

Whether the mandatory detention requirement in 8 U.S.C. § 1226(c) applies only when a noncitizen is taken into immigration custody immediately upon release from criminal confinement, or whether it authorizes detention at any time after such release.

The decision significantly expanded the federal government's authority to subject lawful permanent residents and other noncitizens with past criminal convictions to mandatory detention without bond hearings, even years after their release from criminal custody. Immigration advocates expressed concern that the ruling would lead to increased prolonged detention of long-term residents, while the government maintained it strengthened public safety enforcement. The ruling also prompted legislative discussions about reforming mandatory detention provisions.