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Trump Migrant Detention Policy Upheld by Full Fifth Circuit (2)
Bloomberg Law News • • nation
Key Points:
- The full Fifth Circuit Court upheld the Trump administration’s policy mandating detention of certain noncitizens without bond hearings, ruling that constitutional due process does not guarantee such hearings for individuals not formally admitted to the U.S.
- The majority opinion, authored by Trump appointee Judge Cory Wilson, emphasized that noncitizens can be released at any time by agreeing to leave the country and that prolonged detention does not violate constitutional protections.
- Seven judges dissented, arguing the ruling unjustly denies due process to long-term residents and creates a barrier between constitutional rights and immigrants, with some warning it undermines fundamental legal protections for noncitizens.
- The decision is a key victory for the Trump administration’s immigration enforcement strategy, upheld mainly in the Fifth Circuit, which contrasts with most other appellate courts that have ruled against the policy.
- The Supreme Court has agreed to review the statutory interpretation of the mandatory detention scheme, while attorneys for the detained immigrants condemned the ruling as harmful amid dangerous detention conditions.
