A U.S. appeals court has ruled that the Trump administration cannot keep certain immigrants in mandatory detention for more than 90 days without giving them an opportunity to request release on bond. In a 2-1 decision, the 5th U.S. Circuit Court of Appeals said that prolonged detention without a bond hearing violates the due process protections guaranteed by the U.S. Constitution. The ruling could affect thousands of immigrants held by U.S. Immigration and Customs Enforcement in states such as Texas and Louisiana while their deportation cases are pending.
The majority opinion, written by Judge Leslie Southwick, stated that constitutional due process protections apply to everyone within the United States, including non-citizens. The case involved two Mexican citizens and one Honduran national who challenged their continued detention. However, Judge Cory Wilson dissented, arguing that Congress has broad constitutional authority over immigration matters. Lawyers representing the migrants welcomed the ruling, calling it a reaffirmation of fundamental constitutional rights.
The case stems from the administration’s expanded interpretation of federal immigration law, which classified certain non-citizens already living in the United States as “applicants for admission,” making them subject to mandatory detention without bond. The Department of Homeland Security disagreed with the appeals court’s decision and said it remains confident in its legal position. With federal appeals courts divided on the issue, the administration has asked the U.S. Supreme Court to resolve the legal dispute.
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