Brett Kavanaugh wrote a concurring opinion in the case and was joined by Chief Justice John Roberts doing the same.
The ruling that federal immigration authorities can detain immigrants awaiting deportation anytime after they have been released from prison on criminal charges represents a victory for President Trump.
In the case before the justices, a group of mostly green card holders argued that unless immigrants were picked up immediately after finishing their prison sentence, they should get a hearing to argue for their release while deportation proceedings go forward. But in the 5-4 decision on Tuesday, the Supreme Court ruled against them, deciding that federal immigration officials can detain undocumented immigrants at any time after their release from local or state custody. The court also ruled the government maintains broad discretion to decide who would represent a danger to the community in deciding who to release or detain.
During oral arguments in October the Trump administration argued that given the limited money and manpower available, it was nearly impossible for the federal government to immediately detain every immigrant upon their release from custody.
Associate Justice Samuel Alito wrote the majority opinion, stating that "neither the statute's text nor its structure" supported the immigrants' argument. The court's conservative justices sided with the Trump administration, which argued as the Obama administration did, against hearings for those convicted of crimes and affected by the law.