A Supreme Court battle over whether certain noncitizens with criminal records are entitled to bond hearings during lengthy deportation proceedings could become a public safety concern by making it harder for the federal government to keep some detainees behind bars, legal experts warn.
The Trump administration is asking the justices to take up Genalo v. D.C., a case involving a Dominican citizen with four criminal convictions who has been detained by Immigration and Customs Enforcement while fighting removal.
The dispute centers on a Second Circuit precedent requiring a bond hearing when mandatory immigration detention becomes “unreasonably prolonged.” At that hearing, the government must prove by clear and convincing evidence that the detainee poses a flight risk or danger to the community.
Chad Mizelle, chair of litigation at the America First Policy Institute and a former acting associate attorney general and Justice Department chief of staff, told Fox News Digital the implications extend beyond immigration law.
“We are talking about criminal aliens here,” Mizelle said. “Those are individuals who have been accused of or convicted of an aggravated felony. Accused or convicted of murder. Accused or convicted of child rape. Accused or convicted of grievous harm upon another human being.”
“So these are the worst of the worst individuals,” Mizelle continued. “Do we want those individuals walking the streets, re-committing, harming other individuals?”
Mizelle argued Congress imposed mandatory detention on certain noncitizens with criminal records to keep them detained during removal proceedings, while the Second Circuits prolonged-detention rule could incentivize some detainees to drag out their cases long enough to seek bond.
DOJ MOVES TO STRIP CITIZENSHIP FROM 17 PEOPLE ACCUSED OF HIDING DISTURBING CRIMES
The man at the center of the administrations latest petition, identified in court papers as D.C., is a 62-year-old Dominican citizen who illegally entered the United States and has four criminal convictions, according to court records.
In 1997, D.C. was charged with multiple drug offenses, including selling and possessing a controlled substance. He failed to appear for trial, was convicted by a jury and sentenced in absentia to three to nine years in prison, but did not serve that sentence until 2024. In 2007, he was charged with possessing a forged instrument after presenting false identification to police and again failed to appear in court.
In 2016, D.C. faced several charges stemming from a domestic dispute, including second-degree strangulation, third-degree assault and acting in a manner to injure a child under 17. He pleaded guilty to criminal obstruction of breathing or blood circulation and also resolved his earlier forged-instrument case with a guilty plea. Later that year, he pleaded guilty to criminal contempt.
D.C. was finally arrested on the outstanding warrant from his 1998 drug conviction in April 2024. After completing his state sentence in September 2025, ICE immediately detained him while his removal proceedings continued.
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