Key facts
- A U.S. appeals court ruled that Immigration and Customs Enforcement (ICE) cannot detain individuals for more than 90 days without a bond hearing under the Trump administration's mass detention policy.
- The ruling by the 5th U.S. Circuit Court of Appeals could affect thousands of detained immigrants in states like Texas and Louisiana.
- The court cited the Fifth Amendment's due process clause, stating it protects basic rights, including the right to be heard when personal liberty is taken.
- The Trump administration had reinterpreted federal immigration law to apply mandatory detention to non-citizens already residing in the U.S., not just those arriving at the border.
- The Trump administration has asked the Supreme Court to resolve the divided interpretations among federal appeals courts.
- The 6th Circuit Court of Appeals had previously rejected the administration's detention policy, finding a due process right for ICE detainees.
A divided U.S. appeals court has ruled that U.S. Immigration and Customs Enforcement (ICE) cannot detain individuals for more than 90 days without providing them a chance to be released on bond, a decision that could affect thousands of immigrants detained under the Trump administration's policies.
The 2-1 ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals found that the due process clause of the Fifth Amendment protects individuals, including non-citizens, from indefinite detention without a hearing.
This decision potentially impacts immigrants detained in Texas and Louisiana, states within the 5th Circuit's jurisdiction. The ruling challenges a previous interpretation by the Trump administration and the Board of Immigration Appeals that allowed for mandatory detention of non-citizens already residing in the U.S., not just those arriving at the border.
While one judge dissented, arguing the majority overlooked Congress's authority over immigration, the majority opinion emphasized the constitutional right to be heard when personal liberty is at stake. The U.S. Department of Homeland Security has not yet commented on the ruling.
Appeals courts have been divided on this interpretation of immigration law, leading the Trump administration to seek resolution from the U.S. Supreme Court. The 6th Circuit Court of Appeals had previously ruled against the administration's detention policy, citing due process rights.