Trump Judges Savaged by Colleagues Over ‘Sham History’

Key Points:

• A federal appeals court upheld the Trump administration’s policy allowing detention of certain undocumented immigrants without bond hearings during their immigration proceedings, reversing lower court rulings that had ordered their release.
• The 5th Circuit Court of Appeals ruled 10-7, with a majority including Trump-appointed judges, that due process rights under the Fifth Amendment do not guarantee individual bond hearings for these detainees.
• In a strong dissent, Judge Dana Douglas and four colleagues criticized the majority for relying on what they called “sham history” and warned that the ruling undermines constitutional protections for long-term residents.
• The case centers on whether the government can detain undocumented immigrants in the interior of the U.S. without meaningful process or bail opportunities, a practice that critics say is a recent and aggressive shift in immigration enforcement.
• The Supreme Court is expected to address the broader legal questions raised by this ruling, which has significant implications for immigration policy and the rights of noncitizens living in the U.S. for many years.