Trump's Supreme Court immigration showdown vanished after one move from Hochul

New York Gov Kathy Hochul's pardon of a man at the center of a major ICE detention case rendered Trump's Supreme Court challenge moot
The Trump administration had secured Supreme Court review of a major dispute over prolonged ICE detention before the case was dismissed (Getty Images)
The Trump administration had secured Supreme Court review of a major dispute over prolonged ICE detention before the case was dismissed (Getty Images)

WASHINGTON, DC: The Trump administration had taken a major immigration detention dispute to the Supreme Court and secured an October argument date.

But the case has now disappeared from the Court's docket after New York Gov Kathy Hochul pardoned one of the two noncitizens at its center.

President Donald Trump gestures a thumbs up as he looks across the 18th green on day three of the Amgen Irish Open at Trump International Golf Links in Doonbeg on September 12, 2026 in Clarecastle, Ireland (Photo by Warren Little/Getty Images)
The Trump administration's immigration detention challenge reached the Supreme Court before the case was declared moot (Warren Little/Getty Images)

The administration and the respondent jointly moved to dismiss Genalo v Black after the pardon eliminated the criminal conviction that had made Keisy GM subject to mandatory immigration detention. 

The Supreme Court case concerned whether noncitizens detained for lengthy periods must receive bond hearings under the Fifth Amendment.

A major case reached the Court

The Supreme Court agreed in June to hear the Trump administration's challenge to a 2024 Second Circuit ruling involving two lawful permanent residents, Carol Williams Black and Keisy GM.

WASHINGTON, DC - AUGUST 12: The U.S. Supreme Court is seen at sunset on August 12, 2026 in Washington, DC. (Photo by Kevin Carter/Getty Images)
The Supreme Court agreed to review a dispute over bond hearings for noncitizens held in prolonged ICE detention (Kevin Carter/Getty Images)

The appeals court held that noncitizens held under a federal mandatory-detention law may be entitled to an individualized bond hearing when their detention becomes unreasonably prolonged.

It also ruled that the government must justify continued detention by clear and convincing evidence in such circumstances.

The Trump administration challenged that ruling, arguing that the Supreme Court should address when prolonged detention triggers a constitutional right to a hearing.

The case had been scheduled for oral arguments on October 13.

Kathy Hochul's pardon changed the case

On August 28, Hochul granted Keisy GM a full and unconditional pardon for the offense that formed the basis for his mandatory detention under federal immigration law.

NEW YORK, NEW YORK - JUNE 25: New York Gov. Kathy Hochul speaks at a news conference and rally at a Manhattan union headquarters to show her support for the Haitian and Syrian communities after the US Supreme Court ruled that the Trump administration could  end the legal status for potentially millions of foreign nationals from countries experiencing conflict and violence, like Haiti and Syria, on June 25, 2026 in New York City. The decision, known as Temporary Protected Status (TPS) , means that over 350,000 Haitians and Syrians could lose their work authorizations and ability to remain in the country.  (Photo by Spencer Platt/Getty Images)
Gov Kathy Hochul issued a pardon that removed one of the central issues before the Supreme Court (Spencer Platt/Getty Images)

A filing submitted to the Supreme Court after the pardon argued that the move eliminated the prospect that he could again be detained under that provision, leaving no live controversy for the Court to decide.

The Justice Department subsequently agreed that the case had become moot.

The administration and immigration advocates then filed a joint stipulation seeking dismissal, ending the case before the scheduled argument.

The Second Circuit ruling remains in effect

The dismissal means the Supreme Court will not decide the broader constitutional questions presented in Genalo v Black.

The Second Circuit's 2024 decision found that mandatory detention without a bond hearing could violate due process once the detention becomes unreasonably prolonged.

WASHINGTON, DC - SEPTEMBER 02: The U.S. Supreme Court is seen on September 02, 2021 in Washington, D
A 2024 Second Circuit ruling on prolonged immigration detention remains in place following the dismissal (Getty Images)

Black had been detained for seven months, while Keisy GM had spent approximately 21 months in detention without such a hearing.

The ruling remains significant within the Second Circuit, which covers New York, Connecticut and Vermont.

The Supreme Court had also asked the parties to specifically address whether Keisy GM's case was moot before Hochul issued the pardon.

Administration plans to keep fighting

The dismissal does not end the Trump administration's broader challenge to prolonged-detention bond hearings. 

NEW YORK, NY - APRIL 11:  U.S. Immigration and Customs Enforcement (ICE), officers arrest an undocum
The Trump administration says it will seek another Supreme Court case over prolonged immigration detention (Getty Images)

According to the government's position in the case, the administration intends to seek another case through which the Supreme Court can address the issue.

The dispute could therefore return to the justices with a different detainee at its center.

For Americans, the case could affect how long certain noncitizens facing deportation can be held without a bond hearing.

For now, that question remains unanswered by the Supreme Court after a New York pardon brought this particular challenge to an end.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Trump's handpicked former RNC chair Michael Whatley is trailing Roy Cooper, raising GOP fears over a Senate seat once seen as safe
12 minutes ago
Trump claimed Democrats replaced Joe Biden with Kamala Harris after he had taken the lead in the 2024 race
30 minutes ago
The 22nd Amendment limits presidents to two terms, meaning Trump is constitutionally barred from serving a third
48 minutes ago
President Trump criticized Ireland's economic relationship with the US while touting increased investment and factory construction
2 hours ago
A watchdog cleared Ilhan Omar over a financial disclosure error, but critics still want records explaining the gap in her reported assets
2 hours ago
The government rejected agreements with groups it said were 'actively working against' Americans' interests and its priorities
3 hours ago
The fund was created under a settlement in Trump's IRS lawsuit, and the DOJ appeal raised questions about the settlement and dispute
4 hours ago
Trump's first-ever GOP midterm convention ended with polished speeches and a key question: Did anyone beyond the party faithful tune in?
4 hours ago
President Trump made the remarks during a joint news conference with Irish Prime Minister Micheál Martin in Dublin
5 hours ago
Trump proposed a five-year exhibition dedicated to George Washington that would run through 2032, marking the 300th anniversary of his birth
12 hours ago