In a significant legal development impacting thousands of immigrants, the US Court of Appeals for the Fifth Circuit has upheld the Trump administration’s policy of mandatory detention decisions without bond hearings. This decision comes after lower courts had previously ruled against this practice.
The ruling effectively reverses previous court rulings and was delivered by a conservative 2-1 panel from the New Orleans-based 5th U.S. Circuit Court of Appeals, marking the first time an appeals court has supported the policy despite numerous judges declaring it unlawful.
This decision will have far-reaching implications, impacting people across Texas and Louisiana where numerous detention centers are located.
The US Department of Homeland Security had previously adopted a stance that immigrants within the United States—regardless of how they entered—are subject to mandatory detention under this policy. A significant September ruling required immigration judges nationwide to order mandatory detention as well.
US Circuit Judge Edith Jones wrote for the panel’s majority, which included two judges appointed by Republican presidents. She stated that the administration’s interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was correct, regardless of previous decisions made under prior administrations.
This ruling could result in thousands being detained without bond. The Fifth Circuit’s decision could impact up to two million immigrants under this policy, a significant blow against judicial activism that has been undermining America’s efforts to ensure public safety.