U.S. Supreme Court,
Immigration
Oct. 10, 2018
Is Nielsen v. Preap a textualist nightmare?
As the saying goes, "bad facts make bad law." Add in an unartfully drafted statute, and you have Nielsen v. Preap, the latest installment in the U.S. Supreme Court's ongoing effort to interpret the Immigration and Nationality Act's provisions authorizing the detention of aliens.
Seth M.M. Stodder
Seth previously served in the Obama Administration as Assistant Secretary of Homeland Security for Borders, Immigration and Trade. He also served in the Bush Administration as Director of Policy for U.S. Customs and Border Protection, and currently teaches national security law at the University of Southern California Law School.
OT18
As the saying goes, "bad facts make bad law." Add in an unartfully drafted statute, and you have Nielsen v. Preap (16-1363), the latest installment in the U.S. Supreme Court's ongoing effort to interpret the Immigration and Nationality Act's provisions authorizing the detention of aliens. The case will be argued Wednesday.
The case involves 8 U.S.C. Section 1226(c), which requires the Department...
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