Court Limits Detention Duration for Immigrants

The Fifth U.S. Circuit Court of Appeals has delivered a significant decision concerning U.S. Immigration and Customs Enforcement (ICE) practices. On Thursday, the court ruled that ICE could not detain immigrants for more than 90 days without offering them a chance to seek release on bond during ongoing deportation proceedings.

Court’s Ruling

In a 2-1 decision, the court opposed the current administration’s approach, impacting numerous immigrants held by ICE in regions under the court’s jurisdiction, such as Texas and Louisiana. The majority opinion, penned by Judge Leslie Southwick, referred to a 2001 U.S. Supreme Court finding. It highlighted that the Constitution’s due process clause extends protection to everyone, including the Mexican and Honduran individuals involved in the case.

“It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken,” Southwick stated.

Constitutional Debate

Judge Cory Wilson, in his dissent, contended that the majority decision undermines Congress’s authority over immigration matters. Earlier, a different panel sided with the administration’s interpretation of federal immigration statutes, supporting mandatory detention of non-citizens.

However, the recent February ruling did not directly address whether the Fifth Amendment’s due process protections necessitate a bond opportunity for immigrants via an immigration judge.

Immigration Council’s Response

Rebecca Cassler, representing the migrants for the American Immigration Council, expressed satisfaction with the court’s acknowledgment of constitutional due process principles. She emphasized that these principles prevent the government from indefinite detention without due process.

Department of Homeland Security’s Position

The Department of Homeland Security (DHS) disagreed with the ruling, asserting confidence in its legal stance on mandatory detention practices.

Recently, the administration has sought Supreme Court intervention on a similar ruling from another appellate court. Federal law dictates that ‘applicants for admission’ to the U.S. must undergo mandatory detention while their immigration cases are resolved, precluding them from bond hearings.

DHS last year broadened the application of this mandate, categorizing many non-citizens already in the U.S. as ‘applicants for admission.’ The Board of Immigration Appeals upheld this interpretation in September. Consequently, immigration judges ordered mandatory detention nationwide.

Reuters provided contributions to this report.