A recent federal appeals court decision has dramatically altered the landscape of immigration detention, upholding a policy that allows for the prolonged holding of individuals without the possibility of a bond hearing.
The 5th Circuit Court of Appeals, in a 2-1 ruling, affirmed the Trump administration’s reinterpretation of immigration law, effectively denying bond hearings to a wider range of individuals apprehended by Immigration and Customs Enforcement.
Historically, immigrants who had established lives in the U.S., even without legal status, were generally able to petition an immigration judge for release on bond, arguing they weren’t flight risks and could pursue their deportation cases from outside detention.
This practice, limiting mandatory detention to recent border crossings and those with criminal convictions, has now been challenged by the administration’s stance that anyone entering the country illegally, regardless of how long ago, is subject to continued detention throughout their deportation proceedings.
The court’s majority opinion centered on the interpretation of “admission” under immigration law, arguing that individuals who entered the U.S. illegally remain applicants for admission and are therefore subject to mandatory detention until their removal.
The court acknowledged the novelty of the legal question but emphasized a strict reading of the statute, stating plainly, “The text says what it says, regardless of the decisions of prior Administrations.”
This decision effectively removes a critical safeguard for many facing deportation, leaving them potentially incarcerated for extended periods while their cases are processed, with release dependent solely on the discretion of ICE.
The ruling underscores a significant shift in enforcement priorities, prioritizing detention and potentially limiting opportunities for individuals to build a defense while remaining free within the community.
