Supreme Court Confronts Immigration and Redistricting Disputes

Why it matters locally: The Supreme Court's decisions on noncitizen detention and the use of the SAVE database for voter rolls could significantly affect Arizona given its border state status and large immigrant population. Changes in immigration policy could impact local agencies such as the Phoenix Police Department and the Pima County Sheriff's Department.

---

WASHINGTON – The Supreme Court continues to receive filings on immigration and other issues as it approaches its new term. The Trump administration has brought new requests to the high court regarding noncitizen detention and the authority of district courts. Separately, opponents of Missouri's congressional redistricting plan have again asked the justices to intervene. On Monday, the Trump administration filed a new petition for review in an immigration case, reigniting a dispute that the court had dismissed on September 11. The case addresses whether noncitizens have a due process right to bond hearings when held in extended detention. The initial case, *Genalo v. Black*, was scheduled for argument in October before its dismissal. The new petition, *Genalo v. D.C.*, raises similar questions regarding due process rights under the Fifth Amendment for noncitizens detained under Section 1226(c) of the Immigration and Nationality Act. This section mandates the detention of noncitizens who have committed certain crimes and are awaiting removal proceedings. The petition asks what due process rights, if any, these individuals have to a bond hearing and what the government must demonstrate to justify continued detention. The Trump administration also filed a separate petition for review on Monday concerning a district court's authority over claims brought by a noncitizen, Georgetown University scholar Badar Khan Suri. Suri is challenging the validity of his detention while awaiting removal proceedings. The administration's petition argues that the district court lacked authority to review these claims, particularly because they question the grounds for his removal, an area district courts typically do not have jurisdiction over. The U.S. Court of Appeals for the 4th Circuit previously upheld a federal district court's decision granting Suri release and barring his deportation. Additionally, the Trump administration has requested that the Supreme Court allow the use of the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database to identify noncitizens on state voter rolls. This dispute is fully briefed, and a court decision could be issued at any time. On Tuesday, the dispute over congressional redistricting in Missouri returned to the court's interim docket. Opponents of the state's new map, which favors Republicans, asked the justices to prevent its use in upcoming November elections. A response to this request was due by 2 p.m. EDT today. In other court activity, Justice Elena Kagan on Tuesday denied a request to intervene in a multistate custody dispute involving a California couple and their surrogate. The surrogate had asked the justices to halt a California court order declaring the couple as the child's parents. The dispute arose after a scan indicated the child had a heart defect, leading to a disagreement over medical decisions and the surrogate's travel to Texas for the birth. The justices are scheduled to gather on Monday for their "long conference," where they will consider petitions for review that accumulated during their summer recess. This conference marks an unofficial start to the court's new term, which officially begins in 12 days.