Politics
5th Circuit backs mandatory detention for immigrants held in Texas
A 10-7 ruling by the full 5th U.S. Circuit Court of Appeals says thousands of immigrants detained in Texas after entering the country without permission cannot seek bond while their deportation cases proceed. The decision breaks with most courts that have considered the Trump administration’s mandatory-detention policy, and the Supreme Court is expected to review the issue this term.
Thousands of immigrants detained by U.S. Immigration and Customs Enforcement in Texas cannot seek release on bond while their immigration cases proceed, under a divided ruling issued Friday, Oct. 23, by the full 5th U.S. Circuit Court of Appeals.
The court ruled 10-7 that Congress intended to limit bond eligibility for people who entered the United States without permission and face possible deportation. The decision applies even to people who have lived in the country for years, have no criminal record or have attended required ICE check-ins, according to the ruling’s description.
The decision is a major legal victory for the Trump administration’s policy of mandatory detention for people who entered the country without authorization. The policy has been in effect for about a year and has been challenged in courts across the country.
The appeals court’s position conflicts with rulings from most courts that have considered the policy. More than 460 federal district judges appointed by presidents of both parties have rejected it, as have nine of the 11 federal appeals circuits to address the question. The Supreme Court has agreed to consider the policy’s legality during its current term.
For detainees affected by the ruling, the loss of access to bond hearings means they may remain in custody as their immigration proceedings continue, potentially for months or years. The decision does not resolve their underlying immigration cases or determine whether they will ultimately be deported.