America First Legal (AFL) is asking the U.S. Supreme Court to reject what it says has become a legal loophole for criminal illegal aliens: drag out deportation proceedings long enough, then argue it’s unfair to keep you detained.

In an amicus brief filed in Genalo v. Keisy G.M., AFL argues Congress already settled the issue when it passed a law requiring criminal illegal aliens to remain in custody while their removal cases are pending.

The case centers on a Second Circuit ruling that says detainees are entitled to bond hearings if their detention becomes “unreasonably prolonged” – even when the delays stem from the detainees’ own legal challenges. AFL’s response? Don’t reward someone for slowing down the very process they’re complaining about.

The organization argues that if a detainee wants detention to end, there’s a simple solution: stop delaying removal and leave the country. It also contends that courts lack jurisdiction to second-guess detention decisions under federal law and, if bond hearings are required, detainees – not taxpayers – should have to prove they aren’t a flight risk or danger.

“The safety of the American people should always come first,” AFL Senior Counsel James Rogers said, warning that the Second Circuit’s approach creates an incentive for criminal illegal aliens to stall proceedings in hopes of being released into American communities.