Appeals Court Ruling on Immigrant Detention
On Thursday, an appeals court decided that U.S. Immigration and Customs Enforcement (ICE) cannot hold immigrants for over 90 days during their deportation processes without allowing them a chance to request release on bond.
The ruling by the 5th Circuit Court of Appeals came down with a 2-1 majority, which could impact thousands of immigrants detained by ICE in states under the court’s jurisdiction, including Texas and Louisiana.
Justice Leslie Southwick, who delivered the majority opinion, referenced a 2001 U.S. Supreme Court ruling stating that the Due Process Clause safeguards everyone involved in this case, specifically mentioning three individuals: two from Mexico and one from Honduras.
He noted, “It is part of the historic dignity of this long-ago Founding Charter to provide without exception fundamental rights to those within our borders, including the right to be heard when personal liberty is taken away.”
In contrast, Justice Corey Wilson, in a dissenting opinion, argued that the majority overlooked the Constitution, which grants immigration authority exclusively to Congress.
Another panel of the 5th Circuit had previously supported an interpretation of federal immigration law that permits the detention of noncitizens in the U.S., marking a novel approach. However, this earlier ruling didn’t clarify if the Fifth Amendment ensures that immigrants can appear before judges and seek bail.
Rebecca Casler, an immigration attorney with the American Immigration Council, expressed satisfaction with the committee’s recognition of the essential constitutional principle against indefinite isolation of immigrants by the government.
The Department of Homeland Security responded to the ruling, disagreeing with the decision and expressing confidence in its legal stance regarding enforced detention.
Interestingly, the administration had sought a Supreme Court review of a similar decision made by another appeals court just last week.
Federal immigration law states that “applicants for admission” are subject to mandatory detention and are ineligible for bail hearings throughout their immigration court processes. Last year, the Department of Homeland Security expanded its definition of who counts as an “admission applicant” to include noncitizens already within U.S. borders.
The Board of Immigration Appeals confirmed in September that it accepted this interpretation, prompting immigration officials to start issuing detention orders across the country.
