Jennings v. Rodriguez and the Future of Immigration Detention

16 Pages Posted: 10 Nov 2017 Last revised: 3 Dec 2017

Philip Torrey

Harvard Law School

Date Written: November 8, 2017


Immigration detention will likely play a central role in the Trump administration’s efforts to increase deportations. Despite the President’s broad authority to detain, the U.S. Supreme Court will have an opportunity to limit that authority via a case that will be heard for a second time before the Court this year. In Jennings v. Rodriguez, the Court will consider both statutory and constitutional challenges to the government’s ability to detain certain individuals without providing them the opportunity to be released on bond. Not only does the Court’s decision in Jennings have the potential to restrict the government’s use of immigration detention, but it could simultaneously chip away at the plenary power doctrine, which traditionally accords Congress and the President broad authority to enact, administer, and enforce immigration law without judicial oversight.

Keywords: Immigration Detention, Plenary Power, Mandatory Immigration Detention

Suggested Citation

Torrey, Philip, Jennings v. Rodriguez and the Future of Immigration Detention (November 8, 2017). Harvard Latino Law Review, Vol. 20, No. 171, 2017. Available at SSRN:

Philip Torrey (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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