An appeals court stated that U.S. Immigration and Customs Enforcement (ICE) cannot detain immigrants for over 90 days without giving them the opportunity to seek release on bond during their deportation proceedings. This 2-1 decision by the Fifth U.S. Circuit Court of Appeals opposed the administration, impacting thousands of immigrants detained by ICE within states like Texas and Louisiana.
Judge Leslie Southwick, representing the majority, cited the U.S. Supreme Court’s 2001 ruling. It confirmed that the due process clause applies to everyone, including the Mexican and Honduran citizens involved in this case. Southwick wrote about the founding charter’s role in providing basic rights, including the right to be heard when personal liberty is compromised.
The due process clause of the U.S. Constitution’s Fifth Amendment requires that immigrants have a chance to request a bond hearing.
The Department of Homeland Security disagrees with the court’s decision. Although the department believes in its stance on mandatory detention, it respects the ruling’s implications.
Judge Cory Wilson dissented, believing the decision limits Congress’s clear authority over immigration issues. In contrast, Rebecca Cassler from the American Immigration Council praised the recognition of constitutional protections for detained immigrants.
The administration’s recent plea for a Supreme Court review of a similar ruling highlights the ongoing legal battles surrounding immigration detention policies.
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