A divided U.S. appeals court ruled on Thursday that U.S. Immigration and Customs Enforcement (ICE) cannot detain migrants for more than 90 days under Trump's mass detention policy without providing them a chance to be released on bond, as reported by multiple outlets including HuffPost and Reuters.
Key Takeaways
A federal appeals court ruled that ICE cannot detain migrants for more than 90 days without bond hearings under Trump's immigration policy. This decision affects thousands in Texas and Louisiana.
- Appeals court restricts Trump admin’s mandatory detention policy
- Migrants must be granted bond hearings after 90 days
- Ruling could impact thousands in Texas and Louisiana
- DHS disagrees with the ruling but is confident in its legal position
Source Claims Check
1 Difference Found| Claim | Status | Reason | |
|---|---|---|---|
| Dhs Response | 1 Difference | Reuters and Fox News report DHS's disagreement with the ruling; HuffPost notes no response from DHS. | ▼ |
| Ruling | Broad Agreement | ICE cannot detain migrants past 90 days without bond hearings | |
| Affected States | Broad Agreement | Texas and Louisiana affected by the ruling | |
| Court Jurisdiction | Broad Agreement | Fifth U.S. Circuit Court of Appeals jurisdiction includes Texas and Louisiana. |
The ruling by a 2-1 panel of the New Orleans-based Fifth U.S. Circuit Court of Appeals could affect thousands of individuals detained in states within its jurisdiction, including Texas and Louisiana, according to Reuters. The court's decision focuses on whether due process protections under the Fifth Amendment require migrants to be given a chance to seek release by appearing before an immigration judge for a bond hearing.
The majority opinion was written by U.S. Circuit Judge Leslie Southwick, who emphasized that the due process clause protects everyone within U.S. boundaries. '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, including a right to be heard when personal liberty is taken,' wrote Southwick, as cited by Fox News. Judge Cory Wilson dissented, arguing that the majority marginalized Congress's authority over immigration matters.
The ruling comes amid broader legal debates about the Trump administration's interpretation of federal immigration law. The Department of Homeland Security (DHS), which oversees ICE, has taken the position that non-citizens residing in the United States qualify as 'applicants for admission' subject to mandatory detention. This interpretation was adopted by the Board of Immigration Appeals in September 2019, leading immigration judges nationwide to order mandatory detention.
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