Detained migrants have no constitutional right to bond hearings, US court rules
The 10-7 ruling says immigrants who entered illegally can be detained for the length of removal proceedings without a bond hearing, deepening a circuit split.
- On Oct. 23, the Fifth Circuit ruled that illegal immigrants in the United States have no constitutional right to bond hearings, even after years of residence.
- A panel of three judges previously ruled the Government could not hold illegal immigrants for more than 90 days without a bond hearing, but the Fifth Circuit vacated that decision.
- Petitioners argued the Fifth Amendment forbids 'mistaken or unjustified deprivation' of liberty, but the Court ruled the Constitution grants Congress broad authority to dictate immigration policy.
- The Supreme Court is set to resolve a circuit split, as the Eighth Circuit agrees with the Fifth Circuit while Four other appeals courts have sided with arguments requiring bond hearings.
- Circuit Judge Leslie Southwick dissented with five other judges, arguing detention serves removal interests, while Circuit Judge James contended Petitioners seek 'license to violate our national sovereignty.
20 Articles
20 Articles
Appeals court upholds Trump policy of detention without bond hearings
An appeals court on Friday ruled the Trump administration can continue detaining certain illegal immigrants without giving them bond hearings while their immigration cases move through court. The Friday ruling by the full 17-member 5th U.S. Circuit Court of Appeals was a major victory for President Donald Trump’s immigration agenda. The majority ruled that the […]
The Fifth Circuit Federal Court of Appeals ruled on Friday, October 23, that immigrants who were never legally admitted to the United States do not have a constitutional right to a bail hearing to request their release while facing deportation proceedings. Just the News reported that the ruling represents an important victory for the immigration policy of President Donald Trump, whose administration has defended the mandatory detention of immigr…
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Federal Appeals Court Rules Illegal Immigrants Can Be Detained Without Bond Hearings During Deportation Proceedings
The Fifth Circuit Court of Appeals has ruled that immigrants who entered the United States without lawful admission are not constitutionally entitled to bond hearings ... The post Federal Appeals Court Rules Illegal Immigrants Can Be Detained Without Bond Hearings During Deportation Proceedings first appeared on [your]NEWS.
Fifth Circuit Immigration Detention Ruling a Major Setback for Due Process
Oct 23 Friday, Washington DC — In response to today’s U.S. Court of Appeals for the Fifth Circuit ruling in Sosnava Rodriguez v. Ortega, a case concerning noncitizens’ constitutional right to challenge their detention when they are held without access to a bond hearing, the American Immigration Council and the National Immigration Project issued the […]
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