US appeals court halts nationwide rulings rejecting Trump's immigration detention policy
The 2-1 ruling could allow immigrants to be held indefinitely in 10 states, and the decision is expected to reach the Supreme Court.
- In a 2-1 decision on March 25, the United States Court of Appeals for the Eighth Circuit upheld the government's interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 , mandating detention without bond hearings for arrested noncitizens.
- For nearly 30 years, authorities applied the IIRIRA's mandatory detention provision only to border arrivals, but the administration's broader application is now endorsed by the Fifth and Eighth Circuits across 10 states.
- On Tuesday, the Ninth Circuit Court of Appeals paused a California judge's nationwide order, stating the administration made a "strong showing" that the lower court exceeded its jurisdiction in certifying a nationwide class.
- Matt Adams, a lawyer for the Northwest Immigrant Rights Project, stated the ruling "means that district courts across the country will continue to be flooded" with habeas petitions, now the only mechanism for detainees to seek bond hearings.
- Supreme Court review is likely as the conflict over detention authority escalates, with combined appellate rulings greenlighting the administration's policy across 10 states and potentially incentivizing growth in regional detention infrastructure.
9 Articles
9 Articles
9th Circ. Says Judge Likely Overreached In No-Bond Ruling
The Ninth Circuit has stayed a California federal judge's ruling vacating a Board of Immigration Appeals decision stripping immigration judges of authority to grant release on bond, finding the district court likely exceeded its authority in doing so.
US appeals court halts nationwide rulings rejecting Trump's immigration detention policy
A federal appeals court has put on hold a California judge's nationwide rulings barring the Trump administration from detaining people arrested in its immigration crackdown without giving them a chance to seek release on bond.
Appeals court greenlights Trump’s mass detention policy in Minnesota
A ruling by a federal appeals court in the Eighth Circuit allowing the federal government to mandatorily detain arrested immigrants without a bond hearing opens the door for the indefinite detention of immigrants in Minnesota and other Midwest states. In a 2 to 1 decision on March 25, the United States Court of Appeals for the Eighth Circuit upheld the government’s interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act…
After appeals court ruling, pathway for wrongful immigration detention lawsuits in Nebraska narrows
Attorneys representing Nebraska immigration detainees in wrongful detention lawsuits will need to shift gears after the Eighth U.S. Circuit Court of Appeals ruled in favor of the government’s mass detention policy. Late last month, a three-judge panel on the appellate court ruled 2-1 in favor of the government’s position of detaining most undocumented immigrants without bond, regardless of their criminal history or community ties. The ruling is …
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