Media contact: media@asianlawcaucus.org
Civil Rights and Immigration Organizations Urge Supreme Court to Protect Against Unchecked Prolonged Immigration Detention
WASHINGTON, D.C. — Asian Law Caucus, in partnership with the American Immigration Lawyers Association (AILA), American Immigration Council (AIC), the South Asian American Justice Collaborative (SAAJCO), Sikh Coalition, and RAICES, today filed an amicus curiae brief in the U.S. Supreme Court in Genalo v. Black, urging the Court to protect against prolonged mandatory immigration detention without a meaningful opportunity for a bond hearing.
The case asks whether the government can detain people for months or even years during their immigration proceedings without giving them a bond hearing to determine whether continued detention is necessary.
The brief explains that mandatory detention can sweep in people who pose little or no danger or flight risk, while prolonged confinement separates families, exposes people to harmful detention conditions, and makes it harder for them to obtain counsel and fairly pursue their immigration cases.
“Behind the legal arguments in our amicus brief are real people losing months and years of their lives in detention. They are parents separated from their children, family members missing the funerals of loved ones, community members ripped from their jobs and neighborhoods. They are people whose health rapidly deteriorates while waiting for care and release, like Rodrigo, who was left to cover an open wound – with shrink wrap saved from his dinner. Others endured years of needless detention only to ultimately win their cases and return home. These stories show the profound human cost of a system that forces people to remain locked and away while they fight for the right to remain with their families,” said Evelyn Wiese, Asian Law Caucus Immigrant Justice Program Director.
"Indefinite or prolonged confinement without meaningful judicial review, especially for purely civil immigration violations, directly conflicts with America’s commitment to equal justice before the law. When the government seeks to hold human beings for an extended period, fundamental fairness requires an opportunity to challenge that detention before a neutral decision-maker. The Court should reaffirm that liberty does not depend on immigration status and that due process remains a core American value,” said Jeff Joseph, President of the American Immigration Lawyers Association (AILA).
“Immigration detention has always been cruel. But today, that cruelty has reached new heights, as the government has allowed immigration detention centers to become squalid and unsafe and record numbers of people are dying in custody. The government is effectively using the prospect of months or years in these intolerable conditions to coerce immigrants into giving up their rights. In this moment, it is especially urgent that the Supreme Court recognize that the Constitution sets limits on prolonged civil immigration detention and ensure that people can get federal court review of their lengthy incarceration,” said Emma Winger, deputy legal director at the American Immigration Council.
“Indefinite detention without the opportunity to seek bond violates the Constitution, undermines the due process rights essential to our democracy, and is a severe breach of American values. The Supreme Court has previously affirmed that ‘[f]reedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause.’ Nevertheless, the current administration spends billions of taxpayer dollars attempting to deprive people and families of their freedom over alleged civil infractions. RAICES calls on the Supreme Court Justices to uphold the fundamental liberty and due process rights embedded in our nation's laws.” said Faisal Al-Juburi, co-CEO of RAICES.
“A government should not be able to deprive people of their liberty for months or years without having to justify that detention. For South Asian communities, prolonged detention can bring additional harms, including barriers to religious practice, religious dietary requirements, and meaningful language access. 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).
“Too many individuals across our country are suffering in long-term detention after being targeted by an overly aggressive immigration enforcement regime. When these individuals are kept from their families, their livelihoods, and their communities for long stretches of time, the suffering is compounded. We must move towards an immigration system that holds justice in a higher esteem than cruelty," said Munmeeth Soni, Legal Director, Sikh Coalition.
On October 13, 2026, the Supreme Court will consider whether detention under 8 U.S.C. § 1226(c) can become unreasonably prolonged such that due process requires a bond hearing and, if so, whether the government must justify continued detention by clear and convincing evidence.
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About Asian Law Caucus
Asian Law Caucus (ALC) was founded in 1972 as the nation's first legal and civil rights organization focusing on the needs of low-income, immigrant and underserved Asian Americans and Pacific Islanders. Recognizing that social, economic, political, and racial inequalities continue to exist in the United States, ALC is committed to the pursuit of equality and justice for all sectors of our society. Learn more at www.asianlawcaucus.org.
About American Immigration Council (AIC)
The American Immigration Council works to create a more welcoming and fair immigration system. Through litigation, research, and programs that expand access to legal assistance, the Council helps ensure immigrants are embraced, communities are enriched, and justice prevails for all. Follow us on BlueSky @immcouncil.org and Instagram @immcouncil. Press contact: Elyssa Pachico, epachico@immcouncil.org, 503 850 8407; WhatsApp: +1 503 347 2329
About American Immigration Lawyers Association (AILA)
Founded in 1946, the American Immigration Lawyers Association (AILA) is a nonpartisan, nonprofit, voluntary bar association that provides continuing legal education, professional services, information, and expertise to more than 18,000 attorneys who practice and teach immigration law.
Learn more at www.aila.org. Press and media inquiries, please contact newsroom@aila.org.
About RAICES
RAICES is a 501(c)(3) nonprofit, non-partisan organization headquartered in San Antonio, Texas. As a humanitarian aid organization serving immigrant, refugee, and asylum-seeking people and families, RAICES prioritizes access to free and subsidized immigration legal aid, social services, and rights advocacy. RAICES provides a range of immigration-related services to individuals who are in detention, or who are continuing to fight their cases following release, and endeavors to serve as many noncitizens as possible. As a staunch advocate for due process, RAICES is well-versed in the INA's mandatory detention and bond provisions, and has extensive experience litigating such issues, including currently in Alvarez Perez v. Warden, 3:26-cv-00758-KC (W.D. Tex. 2026).
About SAAJCO
The South Asian American Justice Collaborative (SAAJCO) is a national nonprofit organization dedicated to fighting for the civil and human rights of the South Asian diaspora in the United States through legal advocacy, community engagement, and narrative power.
Learn more at www.saajco.org. Press and media inquiries: press@saajco.org.
About Sikh Coalition
The Sikh Coalition is a community-based organization that defends civil rights and civil liberties in the United States, educates the broader community about Sikhs and diversity, and fosters civic engagement amongst Sikh Americans.
Contact: media@sikhcoalition.org