Trump gets a U.S. Supreme Court victory on immigration detention

The Supreme Court on Tuesday endorsed the U.S. government's authority to detain immigrants awaiting deportation anytime - potentially even years - after they have completed prison terms for criminal convictions, handing President Donald Trump a victory as he pursues hardline immigration policies. The court ruled 5-4 along ideological lines, with its conservative justices in the majority and its liberal justices dissenting, that federal authorities could place such immigrants into indefinite detention anytime without the possibility of bail, not just immediately after they finish prison sentences. The ruling, authored by conservative Justice Samuel Alito, left open the possibility that some immigrants could challenge their detention.

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The Ugly History of Dual-Loyalty Charges

When Representative Ilhan Omar recently complained about “the political influence in this country that says it is okay to push for allegiance to a foreign country,” many noted accurately that she had deployed a trope—dual loyalty—that had been used against Jews for years. But this accusation has a broader history in the United States, having been used against several religious minorities—including Muslims like Omar. Indeed, many battles over religious freedom have revolved around dual-loyalty claims. [ Read: Ilhan Omar just made it harder to have a nuanced debate about Israel ] In the 19th century, many attacks on Catholics stressed that these immigrants were pawns of a foreign power. In the 1830s, Samuel Morse—then a prominent painter and later the inventor of the telegraph—urged Americans to build “walls” and “gates” to keep out Catholic immigrants, who would always be loyal to Rome. Because these Catholic immigrants were decrepit —“halt, and blind, and naked”—they were easy to co...

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