Fifth Circuit rules illegal immigrants not entitled to bond hearings

Key Points:

• The Fifth Circuit Court of Appeals ruled that detained illegal immigrants who were never formally admitted into the U.S. are not constitutionally entitled to bond hearings while awaiting deportation, affirming the Trump administration's stance.
• This ruling comes ahead of the Supreme Court's upcoming review of Rhoney v. Barbosa da Cunha, a case addressing whether the federal mandatory-detention statute applies to longtime immigrants arrested inside the country, potentially impacting the Fifth Circuit's decision.
• The Fifth Circuit held that years or decades of residence and community ties do not grant a constitutional right to bond hearings under the Due Process Clause, contrasting with nine other circuits that allow bond hearings under a different statute.
• The Supreme Court's decision in Rhoney could either undercut or reinforce the Fifth Circuit's ruling, as it will resolve a circuit split over which detention statute applies to immigrants who entered illegally and have lived in the U.S. for years.
• Legal experts suggest the Fifth Circuit's ruling may influence the Supreme Court by indicating that mandatory detention of such immigrants does not violate due process, potentially strengthening the government's position in the pending case.