Cite as: 538 U. S. 510 (2003)
Opinion of Souter, J.
deportable aliens during the limited period necessary for their removal proceedings." Ante, at 526. Sometimes, maybe often, it may, but that is not the point in contention. Kim has never challenged the INS's general power to detain aliens in removal proceedings or even its power to detain him in particular, if it affords him a chance to participate in an enquiry whether he poses a flight risk or a danger to society.
The question, rather, is whether Congress has chosen " 'a constitutionally permissible means of implementing' [its immigration] power." Zadvydas, supra, at 695 (quoting INS v. Chadha, 462 U. S. 919, 941-942 (1983)); see also Carlson v. Landon, 342 U. S. 524, 537 (1952) (stating that the deportation power "is, of course, subject to judicial intervention under the 'paramount law of the Constitution' "). As in Zadvydas, we are here concerned not with the power to remove aliens but with the "important constitutional limitations" on that power's exercise. Zadvydas, supra, at 695.15
15 The Court's citations to Wong Wing v. United States, 163 U. S. 228 (1896), are therefore inapposite. Ante, at 523, 531. In Wong Wing, we hypothesized that detention "necessary to give effect" to the removal of an alien "would be valid"; the use of the subjunctive mood makes plain that the issue was not before the Court. 163 U. S., at 235. Wong Wing certainly did not hold that detention in aid of removal was exempt from the Due Process Clause.
Moreover, the Wong Wing dictum must be understood in light of the common contemporary practice in the federal courts of releasing aliens on bail pending deportation proceedings. While the Court is correct that the first statutory provision permitting Executive officials to release aliens on bond was enacted in 1907, ante, at 523, n. 7, the Court ignores the numerous judicial grants of bail prior to that year. See, e. g., United States ex rel. Turner v. Williams, 194 U. S. 279, 283 (1904) (stating that the lower court admitted the appellant to bail pending appeal to this Court); Fong Yue Ting v. United States, 149 U. S. 698, 704 (1893) (same); United States v. Moy Yee Tai, 109 F. 1 (CA2 1901) (per curiam); In re Lum Poy, 128 F. 974, 975 (CC Mont. 1904) (noting that "the practice in California, Idaho, and Oregon has been and is to admit Chinese persons to
559
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