Appeals court blocks Trump admin from holding migrants without bond for over 90 days
Key Points:
- The Fifth U.S. Circuit Court of Appeals ruled that U.S. Immigration and Customs Enforcement (ICE) cannot detain immigrants for more than 90 days without offering them a chance to seek release on bond during deportation proceedings.
- The 2-1 decision affects thousands of immigrants detained in states under the court's jurisdiction, including Texas and Louisiana, emphasizing constitutional due process rights.
- Judge Leslie Southwick highlighted that the due process clause protects all individuals within U.S. borders, ensuring a right to be heard when personal liberty is at stake.
- The Department of Homeland Security disagrees with the ruling and maintains confidence in its legal position on mandatory detention, while immigrant advocates praised the decision as a protection against indefinite detention.
- The case challenges the administration's interpretation that non-citizens already in the U.S. qualify as "applicants for admission" subject to mandatory detention, a policy recently adopted by the Board of Immigration Appeals.