Plain-English summary
Court rules detention of previously removed immigrants who reenter is governed by 8 U.S.C. §1231, not §1226
In Johnson v. Guzman Chavez (No. 19-897), the Supreme Court held that the detention of noncitizens who reentered the U.S. after a prior removal and who face reinstated removal orders is governed by 8 U.S.C. §1231. The decision reverses the Fourth Circuit and resolves whether those individuals are detained under the post-removal detention statute (§1231) rather than the pre-removal statute (§1226).
Why this matters
This ruling clarifies which federal detention rules apply to noncitizens who illegally return after a prior removal. The controlling statute determines the length of detention, the procedures for release, and what legal challenges are available. The decision affects the government’s power to detain certain reentrants and the procedural protections those individuals may claim.
Who may feel it
- Noncitizens who previously were removed and later reenter the U.S. without authorization
- Immigration enforcement agencies (ICE, DOJ) that detain and remove noncitizens
- Immigration attorneys and advocates representing reentered noncitizens
- Courts handling detention and removal challenges
Key questions
- Is detention of an alien with a reinstated removal order governed by §1231 (post-removal detention) or §1226 (pre-removal detention)?