Noncitizens who have been ordered to be deported by immigration courts can be detained by the federal government, pending their removal from the country.

The courts granted class action status, and enjoined enforcement of the law by the United States Department of Homeland Security, ruling the noncitizens must be provided with bond hearings where the government had the burden of proving that they are flight risks or dangers to the community.

Webster v. Doe, 486 U. S. 592, 603 (1988) (requiring "clear" indication of congressional intent to "preclude judicial review of constitutional claims").

[5] Justice Sotomayor wrote an opinion concurring in judgement in part "because the government prevails on the merits",[6] while dissenting on the jurisdiction issue.

Justice Sotomayor described the court as "elevate[ing] piecemeal dictionary definitions and policy concerns over plain meaning and context".