Key facts
- The 5th Circuit Court of Appeals has identified a new legal ground to reject ICE's detention policy.
- This ruling follows an initial decision by the same court that favored the administration.
- The policy shift by ICE has led to a significant increase in detentions nationwide.
- A majority of federal judges, including many Trump appointees, have ruled against ICE's detention practices.
- The differing rulings across federal appeals courts suggest the issue may reach the Supreme Court.
The 5th Circuit Court of Appeals has found a new legal basis to reject the U.S. Immigration and Customs Enforcement's detention policy, creating a split among federal courts. Initially, the court had upheld the policy, but subsequent rulings by judges, including those appointed by Democratic and Republican administrations, have increasingly found the detentions to be illegal. This shift has led to a higher success rate for the administration in detention rulings within the 5th Circuit since February, though a majority of judges still rule against ICE's practices. The expanded mandatory detention policy, implemented last July, has led to a surge in lawsuits from detainees, with a significant number of rulings determining that ICE illegally detained individuals without bond. The differing decisions across appellate courts suggest the issue is likely headed for the Supreme Court.