U.S. Supreme Court Justice Stephen Breyer announced his retirement after nearly thirty years as a Chief Justice. Justice Breyer’s legacy includes applying the U.S. Constitution to non-citizens as well as citizens. Several opinions on immigration law written by Justice Breyer focused on issues unique to noncitizens, including migrants’ time in detention facilities, the ability of courts to review immigration cases, among many others.

One of Justice Breyer’s decisions that made a notable impact is the constitutionality of prolonged detention of immigrants. The majority decision found that the U.S. government can’t detail unauthorized immigrants indefinitely. This decision affected Section 1231 of the Immigration and Nationality Act. The finding states the U.S. must hold bond hearings for detainees if held longer than six months unless their deportation is reasonably foreseeable. There are other cases the Supreme Court is hearing that also center on immigrants’ bond rights.

Although Justice Breyer’s opinions didn’t always prevail, he consistently demonstrated his commitment to interpreting and applying the Constitution to noncitizens.

One such case focuses on procedural protections as part of due process, which is provided in the Constitution. In that case, a visa was refused for a spouse at a U.S. consulate and the Supreme Court found the case could not be reviewed by a court. However, the Supreme Court is hearing another case regarding an error made by a foreign national in the completion of a form. Similarly, the individual brought a case to the courts in the hope of overturning the U.S. Citizenship and Immigration Services (USCIS) ruling. The district court stated they cannot hear the case, due to case law that does not allow for courts to hear case results from USCIS. Once again, the Supreme Court is hearing a case regarding the court’s ability to hear USCIS cases.

Justice Breyer made several other important contributions on topics ranging from the death penalty to the extent of the president’s power to appoint officials. These rulings are more likely to define his service. Looking forward, immigration policy is not likely to be a key determinant in replacing Justice Breyer.

When announcing his retirement, Justice Breyer shared some quotes from President Abraham Lincoln and revealed a copy of the U.S. Constitution which he always carries with him.

Chief Justice Breyer stated he will retire when the Court takes its summer break if a replacement has been appointed.

ILBSG recognizes the contributions of Justice Breyer to the U.S. Supreme Court and immigration. If you have questions about any immigration-related issues, contact us at any time.

U.S. Supreme Court