The Trump administration has faced a major setback in its efforts to detain illegal aliens inside the United States, as a divided panel of judges in the Ninth Circuit ruled that mandatory detention without access to a bond hearing is generally not allowed.
The ruling, handed down in the case of Rodriguez Vazquez v. Bostock, affirms a lower court decision in favor of a class of illegal aliens detained at the Northwest ICE Processing Center in Tacoma, Washington.
The majority opinion, led by Judge Daniel Bress, held that aliens present without admission who are apprehended in the interior fall under 8 U.S.C. § 1226, rather than the mandatory detention provisions of § 1225(b)(2)(A). This means that illegal aliens who were not caught at the border will be entitled to a bond hearing while fighting deportation.
Judge Carlos Bea dissented, arguing that the statute treats those who entered without inspection as "applicants for admission" who are "seeking admission," and therefore subject to mandatory detention. He pointed out the absurdity of Congress requiring detention for those stopped at the border while letting those who evade detection and live here illegally walk free on bond.
The Ninth Circuit's decision will bind courts across California, Arizona, Nevada, Washington, and other states in the circuit, which have long served as magnets for illegal immigration and sanctuary policies. This decision guarantees more habeas petitions, more releases, and more opportunities for illegal aliens to disappear while their cases drag on for years.
This ruling is the latest in a series of federal appeals court decisions rejecting the Trump administration's interpretation of immigration law. So far, five circuits have sided with the government, recognizing that illegal entrants should not get a free pass simply because they made it past the border.
The split between the circuits has set the stage for another potential Supreme Court showdown on immigration. As the issue continues to play out in the courts, one thing is clear: the fate of immigration policy in the United States remains uncertain.
