Immigrants can be detained without bond, US court rules

Immigrants can be detained without bond, US court rules

AP News nation

Key Points:

  • The 8th Circuit Court of Appeals ruled that the U.S. government can detain immigrants without bond, overturning a lower court decision that required bond hearings for certain detainees, marking a win for the Trump administration’s immigration policies.
  • This ruling aligns with a recent 5th Circuit decision supporting the Department of Homeland Security’s practice of denying bond hearings to immigrants arrested nationwide, reinforcing the administration’s stance despite contrary lower court rulings.
  • The case involved Joaquin Herrera Avila, a Mexican national detained without bond in Minneapolis, who challenged his detention; the appeals court majority held that he was considered an “alien seeking admission” and thus not entitled to a bond hearing.
  • The dissenting judge argued that this interpretation is unprecedented and expands mandatory detention to millions, differing from past practices under previous administrations where bond hearings were common for non-criminal immigrants arrested away from the border.
  • The ruling raises constitutional questions about habeas corpus rights, with immigrants having filed over 30,000 petitions challenging detention since Trump took office, many of which have been successful in lower courts.

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