Court Limits Detention of Immigrants by ICE

A recent ruling by an appeals court impacts U.S. Immigration and Customs Enforcement (ICE). The decision states that immigrants cannot be detained for more than 90 days without having the chance to seek release on bond, even if deportation proceedings are ongoing.

Fifth Circuit Court’s Decision

The Fifth U.S. Circuit Court of Appeals, in a 2-1 decision, opposed the administration’s stance. This affects many immigrants detained by ICE in states under the court’s jurisdiction, like Texas and Louisiana.

Judge Leslie Southwick, representing the majority opinion, highlighted a 2001 U.S. Supreme Court finding. It emphasizes that the due process clause provides rights to everyone within U.S. borders, including those involved in this case.

“It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries,” Southwick expressed.

Opposing this view, Judge Cory Wilson argued that Congress holds authority over immigration.

Implications for Immigration Law

Previously, another panel of the same court supported the administration’s interpretation of a federal statute that permits mandatory detention. However, it did not address whether due process rights require bond hearing opportunities.

Rebecca Cassler from the American Immigration Council praised the latest decision. She emphasized that the due process clause prevents indefinite detention.

The Department of Homeland Security (DHS) disagrees with the verdict. DHS maintains confidence in its legal stance on mandatory detention.

Ongoing Legal Debate

Recently, the administration sought Supreme Court review for a parallel ruling from another appeals court.

Current federal immigration laws demand that “applicants for admission” face mandatory detention as their cases progress, barring bond hearings. But last year, DHS argued that non-citizens already inside the U.S. also qualify as “applicants.” This interpretation was upheld by the Board of Immigration Appeals, part of the Justice Department, leading to mandatory detention orders nationwide.

The ongoing legal interpretations and rulings continue to shape the dynamics of U.S. immigration policy.