294
Opinion of the Court
joined. O'Connor, J., filed a concurring opinion, in which Souter, J., joined, post, p. 315. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, post, p. 320.
Deputy Solicitor General Mahoney argued the cause for petitioners. With her on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Ronald J. Mann, Michael Jay Singer, and John C. Hoyle.
Carlos Holguin argued the cause for respondents. With him on the brief were Peter A. Schey, Paul Hoffman, Mark Rosenbaum, James Morales, Alice Bussiere, Lucas Guttentag, and John A. Powell.*
Justice Scalia delivered the opinion of the Court.
Over the past decade, the Immigration and Naturalization Service (INS or Service) has arrested increasing numbers of alien juveniles who are not accompanied by their parents or other related adults. Respondents, a class of alien juveniles so arrested and held in INS custody pending their deportation hearings, contend that the Constitution and immigration laws require them to be released into the custody of "responsible adults."
I
Congress has given the Attorney General broad discretion to determine whether, and on what terms, an alien arrested on suspicion of being deportable should be released pending
*Briefs of amici curiae urging affirmance were filed for the American Bar Association by Talbot D'Alemberte, Andrew S. Krulwich, and Christopher D. Cerf; for Amnesty International U. S. A. by Clara A. Pope; for the Child Welfare League of America et al. by J. Michael Klise, Clifton S. Elgarten, and John R. Heisse II; for the Southwest Refugee Rights Project et al. by Antonia Hernandez, Richard Larson, Susan M. Lydon, and Bill Ong Hing; and for the United States Catholic Conference et al. by William F. Abrams.
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