Appeals Court Limits Detention of Immigrants Without Bond Hearing

A recent decision by an appeals court asserts that U.S. Immigration and Customs Enforcement (ICE) cannot detain immigrants beyond 90 days without providing a chance for a bond hearing while deportation cases are ongoing. The Fifth U.S. Circuit Court of Appeals delivered a 2-1 ruling against this longstanding practice, influencing many immigrants in states like Texas and Louisiana.

Judge Leslie Southwick, representing the majority, referenced a 2001 U.S. Supreme Court ruling affirming that the due process clause applies to all individuals in the U.S., regardless of nationality. This ruling involved cases of two Mexican and one Honduran citizen. Southwick emphasized the enduring principle that all people within the nation’s borders have fundamental rights, which include the right to a hearing when their freedom is compromised.

“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.

Judge Cory Wilson, dissenting, argued that the decision minimizes the Constitution’s provision granting Congress comprehensive control over immigration policies. A different panel previously supported an interpretation favoring mandatory detention of non-citizens but did not address whether due process necessitates bond hearings.

Rebecca Cassler, an attorney for the American Immigration Council, expressed satisfaction, noting the ruling aligns with constitutional principles by rejecting indefinite detention without a chance for release. The decision potentially impacts thousands of detainees in the court’s jurisdiction.

The Department of Homeland Security disagreed with the court’s decision, expressing confidence in its stance on mandatory detention. However, the administration appealed to the Supreme Court regarding a similar decision from another appeals court.

Under federal immigration law, those applying for entry into the U.S. face mandatory detention during their immigration court proceedings, excluding them from bond hearings. This stance was reinforced when immigration judges began enforcing mandatory detention nationwide, following guidance from the Board of Immigration Appeals and the Department of Homeland Security.