An appeals court recently ruled that the U.S. Immigration and Customs Enforcement (ICE) cannot detain immigrants for more than 90 days without giving them a chance to seek release on bond while their deportation proceedings continue.
Ruling Details
The Fifth U.S. Circuit Court of Appeals made this decision in a 2-1 ruling. This decision could impact many immigrants detained by ICE in states under the court’s jurisdiction, including Texas and Louisiana.
Judge Leslie Southwick, writing for the majority, referenced a 2001 U.S. Supreme Court decision. It stated that the due process clause protects everyone, including two Mexican citizens and one Honduran involved in this case. The historic charter provides basic rights to all within U.S. borders, including the right to be heard when personal liberty is taken.
The Dissent and Legal Interpretations
Judge Cory Wilson dissented, suggesting the majority overlooked Congress’s authority over immigration matters. Previously, a different panel of the court supported the administration’s interpretation of a federal immigration statute allowing mandatory detention.
However, the February ruling didn’t address whether the Fifth Amendment requires offering immigrants a chance to seek bond release by appearing before an immigration judge.
Reactions and Implications
Rebecca Cassler from the American Immigration Council expressed satisfaction with the decision, emphasizing the importance of due process rights.
The Department of Homeland Security (DHS) expressed disagreement with the ruling, maintaining confidence in its legal stance on mandatory detention. They had requested the Supreme Court to review a similar decision by another appeals court.
Mandatory Detention Laws
Federal law mandates that “applicants for admission” undergo detention while their cases proceed, making them ineligible for bond hearings. Last year, DHS argued that non-citizens already in the U.S. also qualify as “applicants for admission.” The Board of Immigration Appeals sided with this interpretation in September, enforcing mandatory detention nationwide.