Fifth Circuit Court Rules on Deportation Proceedings
A significant ruling from the Fifth Circuit Court of Appeals has determined that illegal immigrants do not possess due process rights allowing them to receive bond hearings during deportation proceedings.
To follow through on President Trump’s agenda of mass deportations, the administration has been expediting removal processes.
In a split decision released recently, the court concluded that undocumented immigrants are not entitled to Fifth Amendment rights since they have never been formally admitted into the United States. The lawsuit involved three illegal aliens in Texas who were denied bond hearings, despite lacking any criminal backgrounds, as noted by the American Immigration Council.
Judge Cory Wilson authored the majority opinion in the 10 to 7 decision, stating, “Since the Petitioners have never been granted admission to the United States, due process does not grant them further hearings beyond what Congress has established before their detention pending removal.”
James Percival, general counsel for the Department of Homeland Security, remarked, “It’s a big win in the Fifth Circuit on the mandatory detention of illegal aliens, a principle enshrined in legislation from 1996 that has been overlooked by the deep state for years.”
Politico referred to this ruling as the “most significant legal victory” yet for the president’s deportation strategy.
Meanwhile, the American Immigration Council has criticized the ruling, marking it as an “affront” to constitutional rights. AIC litigation attorney Rebecca Cassler pointed out, “The principle at stake is straightforward: If the government chooses to detain an individual, it must justify why that detention is necessary. Furthermore, anyone detained should have the right to request a judicial review of that detention. This ruling, however, permits the government to imprison individuals without any clear justification, and without any opportunity for them to contest their detention.”






