The Fifth U.S. Circuit Court of Appeals has ruled that Immigration and Customs Enforcement (ICE) cannot detain immigrants for more than 90 days without giving them an opportunity to seek release on bond while their deportation proceedings are pending.
The 2-1 ruling, which affects thousands of immigrants detained by ICE agents in Texas and Louisiana, was issued on Thursday. The court's decision is a significant blow to the administration's novel interpretation of a federal immigration statute.
Judge Leslie Southwick, writing for the majority, cited the U.S. Supreme Court's 2001 ruling that the due process clause protects everyone, including non-citizens. Southwick emphasized that the U.S. Constitution provides basic rights to those within its boundaries, including a right to be heard when personal liberty is taken.
Judge Cory Wilson dissented, arguing that the majority "marginalizes the Constitution's express grant of plenary authority over immigration matters to Congress." The ruling comes after a panel of the same court previously sided with the administration's interpretation of the immigration statute.
Rebecca Cassler, a lawyer for the migrants at the American Immigration Council, welcomed the ruling, saying that the panel recognized the core constitutional principle that the due process clause does not allow the government to lock people away indefinitely.
The Department of Homeland Security disagrees with the ruling, stating that it is "confident in its legal position regarding mandatory detention." The agency had claimed that non-citizens who are already in the U.S. qualify as "applicants for admission" subject to mandatory detention, rather than only those arriving at the border.
Federal immigration law states that applicants for admission to the country are subject to mandatory detention while their cases proceed in immigration courts, making them ineligible for bond hearings. The ruling has significant implications for thousands of immigrants detained by ICE in the states within the court's jurisdiction.
