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The Supreme Court Will Decide Whether ICE Can Hold People Indefinitely. We Should All Be Worried.

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17.06.2026

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. Keep up with all of our Supreme Court coverage and analysis by signing up for weekly email roundups. The best way to support our work—and unlock exclusive legal analysis—is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

The end of this Supreme Court term may be in sight, but on Monday the high court announced that next term it would take up a case about just how long Immigration and Customs Enforcement can keep lawful permanent residents in immigration detention without any opportunity to post a bond. The federal government has been behaving like the answer is: “As long as they want.” Presumably emboldened by the Supreme Court’s ongoing hostility to the rights of immigrants, the government has asked the Supreme Court to rule that when a person is in detention with deportation proceedings pending, that person can be denied a bond hearing for the entirety of their detention, which could be months or even years. And given the American Civil Liberties Union’s attempts to get the court not to hear this specific case, it’s clear that immigrants nationwide risk heading toward the loss of another constitutional right.

The case the Supreme Court granted review for on Monday focuses on the detention of lawful permanent residents. Carol Black and Keisy G.M. are both green-card holders who have lived in the United States legally for decades. Black moved to New York from Jamaica in 1983. In 2000, he was convicted of a sex abuse crime, and served five years of probation, until 2005. Based on that conviction, ICE detained Black in 2019 and started deportation proceedings. They held him for seven months. Seeking to be back with his family while his investigation continued, Black sought a hearing where he could receive and post a........

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