On Wednesday, Justice Brett Kavanaugh will hear oral arguments in his first major case, Nielsen v. Preap, which seeks to resolve the question of whether the government can detain immigrants with past criminal records throughout the duration of their deportation proceedings and without a hearing.
The federal government has interpreted two 1996 laws, the Anti-Terrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act, to mean that in cases where an undocumented immigrant has been convicted of a crime, that person can be subject to mandatory incarceration for the duration of their deportation case without a hearing to determine their risk of reoffending.
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