Appeals court blocks Trump-era policy allowing indefinite detention of migrants without bond
An appeals court on Thursday blocked the Trump-era policy that allowed U.S. Immigration and Customs Enforcement to detain immigrants indefinitely without bond. The Fifth U.S. Circuit Court of Appeals ruled 2-1 that detainees must be given the opportunity to seek release on bond while their deportation proceedings are pending, according to court documents.
Judge Leslie Southwick, writing for the majority, cited a 2001 Supreme Court decision affirming that the due process clause protects everyone, including non-citizens. Southwick emphasized that basic rights, including the right to be heard, extend to individuals within U.S. borders. The ruling could affect thousands of migrants detained in Texas, Louisiana, and other states under the jurisdiction of the court.
In a dissenting opinion, Judge Cory Wilson argued that the majority’s ruling undermines Congress’s authority over immigration matters. The decision comes after a previous panel of the same court upheld the administration’s interpretation of a federal immigration law that mandates detention of non-citizens while their cases are processed. However, that ruling did not address whether due process requires bond hearings for detained immigrants.
Rebecca Cassler, a lawyer with the American Immigration Council, welcomed the ruling, stating that it affirms the constitutional principle that indefinite detention violates due process. The Department of Homeland Security disagreed, asserting confidence in its legal position on mandatory detention. The agency did not comment further when contacted by Fox News Digital.
The Biden administration recently asked the Supreme Court to review a similar case from another appeals court. Federal law states that applicants for admission are subject to mandatory detention during immigration proceedings, but DHS’s recent interpretation considers those already in the U.S. as subject to detention without bond. The Board of Immigration Appeals has adopted this view, leading to widespread detention orders by immigration judges nationwide.
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