Supreme Court·Immigration
Administration asks justices to settle bond hearings for detained noncitizens with criminal records
Editor’s note (Sep 26, 2026): We fell short of our standards. An earlier version used “criminal aliens” in our own voice, including the headline “Administration asks justices to settle bond hearings for detained criminal aliens”; it now says “noncitizens with criminal records.” The facts are unchanged. We apologize for falling short of our standards.
Solicitor General D. John Sauer has asked the Supreme Court to take up Genalo v. D.C., a dispute over whether certain noncitizens with criminal records who are held for removal are entitled to a bond hearing when detention grows prolonged, Fox News reported Friday. The petition seeks to revive a constitutional question left open after New York Gov. Kathy Hochul’s pardon mooted Genalo v. Black; the case centers on a Dominican national facing removal after drug-trafficking and domestic-violence charges who, according to ICE, had previously been removed six times. Federal law requires mandatory custody for some noncitizens with criminal records, but the Second Circuit has held that prolonged detention triggers a bond hearing at which the government must justify continued custody, creating a circuit split the administration wants resolved nationwide this term.
- Fox NewsTrump administration asks Supreme Court to end bond hearing circuit split