Trump administration urges Supreme Court to settle split over bond hearings for detained criminal aliens

The Justice Department, representing the Trump administration, filed a petition for the Supreme Court to review Genalo v. D.C., challenging the practice of holding criminal non-citizens without bond during removal proceedings. The request follows the dismissal of a similar case after New York Governor Kathy Hochul pardoned the plaintiff, leaving the issue unresolved. D.C., a Dominican national with a history of drug trafficking and domestic-violence offenses, has been repeatedly removed and is now subject to mandatory detention.

The Second Circuit requires a bond hearing after prolonged confinement, while other circuits apply different standards, creating a nationwide split. The administration argues the Constitution mandates a uniform rule and that the burden of proof should shift to detainees seeking release, warning that current practices encourage strategic delays. Legal scholars and policy advocates expressed concern that extended detention could be exploited to force bond hearings, potentially allowing detainees to abscond.