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

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.

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.

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.

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.

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. 

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.