The U.S. Court of Appeals for the Fifth Circuit issued an extraordinary published order staying three district court rulings that had required bond hearings or release for illegal aliens challenging their detention.
The stay blocks lower court rulings that had ordered the release of three illegal aliens, allowing the administration to continue its detention policy while the full court reviews constitutional questions.
The order was granted in response to a motion by the government to stay the district court judgments pending rehearing en banc, preventing the releases ordered by lower courts.
The cases involve three individuals who entered the United States unlawfully years ago and challenged the policy of mandatory detention without individualized bond hearings.
Earlier this month, a divided panel had ruled that the detainees were entitled to bond hearings after 90 days in custody on due process grounds, conflicting with earlier precedent and prompting the full court to consider rehearing.
The published order immediately suspends the district court rulings while the full Fifth Circuit reviews the case, ensuring that ICE may continue detaining the individuals rather than releasing them.
The order grants the government's request for a stay pending rehearing and expedites consideration of the matter.
The Fifth Circuit has consistently supported the administration's authority to detain illegal aliens without bond hearings under federal immigration law.
In April, the full court declined to rehear a related case, leaving intact a panel decision that unlawful entrants remain applicants for admission and may be detained without automatic bond hearings during removal proceedings.
The recent precedential order reinforces that position by keeping the detention policy in force while the court weighs the constitutional issues.
