Case Detail

Nielsen v. Preap
On June 8, 2018, WLF—acting for 10 Members of Congress—filed a brief in the U.S. Supreme Court, urging it to enforce a 1996 federal statute that requires the detention of aliens convicted of serious crimes while they contest the government’s efforts to deport them. WLF argued that the mandatory-detention statute, 8 U.S.C. § 1226(c), applies even if immigration officials do not manage to take custody immediately following the alien’s release from criminal incarceration. WLF’s clients include U.S. Reps. Andy Biggs. Dave Brat, Scott DesJarlais, Paul Gosar, Andy Harris, Jody Hice, Walter Jones, Steve King, Doug LaMalfa, and Ted Yoho. The Members’ brief argued that Congress reasonably concluded that unless criminal aliens are detained while they await removal, there exists too great a danger that they will abscond and/or commit new felonies. The brief noted that one of the six criminal aliens released by order of the lower courts was later convicted of first-degree murder.
Case Status:
Awaiting oral argument.
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