Appeals Court Rules ICE Must Allow Bond Hearings After 90 Days of Detention
The ruling could affect thousands of detainees as the court said migrants must get a chance to seek release after 90 days.
- On Thursday, a divided 2-1 panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled that U.S. Immigration and Customs Enforcement cannot detain individuals for more than 90 days without providing a bond hearing.
- The Department of Homeland Security previously classified non-citizens residing in the United States as "applicants for admission," subjecting them to mandatory detention while their cases proceed in immigration courts, bucking long-standing legal interpretations.
- Writing for the majority, Circuit Judge Leslie Southwick emphasized that the due process clause protects everyone within U.S. boundaries; Circuit Judge Cory Wilson dissented, arguing the decision "marginalizes the Constitution's express grant of plenary authority" to Congress.
- The Trump administration asked the Supreme Court last week to resolve the legal split among federal appeals courts regarding this policy, which could affect thousands detained in Texas and Louisiana.
- Rebecca Cassler, a lawyer at the American Immigration Council, stated they are "delighted that the panel recognized" that due process protections do not allow the government to lock individuals away indefinitely.
40 Articles
40 Articles
5th Circuit shuts down Trump's indefinite detention policy in major constitutional ruling
The Trump administration’s effort to lock up immigrants indefinitely without giving them a meaningful chance to seek release just hit another major legal roadblock. In a significant ruling Thursday, a panel of the 5th U.S. Circuit Court of Appeals held that immigrants facing prolonged detention are constitutionally entitled to a bond hearing, rejecting the administration’s argument that it can keep them behind bars for the duration of their depo…
Fifth Circuit Limits ICE Detention to 90 Days Without Bond
The Fifth U.S. Circuit Court of Appeals ruled Thursday that Immigration and Customs Enforcement cannot hold immigrants for more than 90 days without offering them a chance to seek release on bond, a 2-1 decision that carves a due-process limit into the Trump administration's push for mandatory detention during deportation proceedings. The ruling could affect thousands of immigrants detained by ICE across Texas and Louisiana, the two states withi…
He knows the keys to the ruling in favor of migrants in the U.S.: the rule that demands 90-day hearings and could delay the deportation of thousands.
Fifth Circuit ruling puts a stop to prolonged detentions without judicial review and marks a setback for Trump’s immigration policy
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