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Federal appeals court strikes down ICE's mandatory detention policy
upi.com • • nation
Key Points:
- A federal appeals court ruled against a U.S. Immigration and Customs Enforcement (ICE) policy that expanded mandatory detention for migrants living in the U.S. for years by treating them as "seeking admission."
- The 3rd U.S. Circuit Court of Appeals struck down the policy, marking the eighth time ICE has lost on this issue in federal appeals courts, with judges ruling against ICE in over 90% of more than 13,000 cases.
- The court found ICE's policy inconsistent with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which distinguishes detention procedures based on how recently a person entered the country.
- The ruling also determined that ICE's policy violates the Constitution's Due Process Clause, recognizing that long-term residents have established ties and are entitled to greater due process protections than recent border arrivals.
