The Supreme Court heard oral arguments on Tuesday for a pair of cases that asked whether the government should be allowed to detain noncitizens indefinitely.
The plaintiffs argued that immigrants held in detention for more than six months are entitled to a bond hearing to determine if they should be released.
Both cases center on immigrants who are detained on immigration violations and fighting for protection from deportation on the grounds that returning to their countries would put their lives in danger. It's a legal process that could take months or years.
Whether a detainee should be released is currently a question put to immigration officers. In the high court Tuesday, lawyers representing the immigrants said that strips them of their due process, and the decision should be up to a judge.
Department of Justice lawyers argued that a 1996 law gives the government the power to detain undocumented immigrants indefinitely while their cases move through the court.