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US Court Rules Immigrants Cannot Be Held Without Bail for More Than 90 Days
The US 5th Circuit Court of Appeals ruled that Immigration and Customs Enforcement (ICE) cannot hold immigrants undergoing deportation proceedings for more than 90 days without giving them an opportunity to apply for bail. The decision could affect thousands of immigrants in Texas and Louisiana.
The US 5th Circuit Court of Appeals ruled that Immigration and Customs Enforcement (ICE) cannot hold immigrants undergoing deportation proceedings for more than 90 days without giving them the opportunity to request release on bail.
In the 2-1 decision, Judge Leslie Southwick, writing for the majority, recalled that the US Supreme Court ruled in 2001 that the due process clause protects everyone. Southwick stated, "The historic grandeur of this ancient founding document is that it makes no exceptions when providing fundamental rights to those within our borders; the right to be heard when personal liberty is taken is included in that."
Judge Cory Wilson, who wrote the dissenting opinion, argued that the majority "trivialized the clear authority the Constitution grants Congress on immigration matters."
The court's jurisdiction covers states including Texas and Louisiana. The decision could affect thousands of immigrants held in ICE detention.
Rebecca Cassler, an attorney representing immigrants, told Reuters, "We are pleased with the recognition of the fundamental constitutional principle that the due process clause does not allow the government to lock them up indefinitely."
The Department of Homeland Security, however, said it disagreed with the ruling and was "confident in its legal position regarding mandatory detention."
Federal immigration law stipulates that "applicants for admission" to the country are subject to mandatory detention while their proceedings are pending in immigration courts and cannot benefit from a bail hearing. Last year, the Department of Homeland Security argued that not only those arriving at the border but also non-citizens already in the US could be considered "applicants for admission" and subjected to mandatory detention. The Board of Immigration Appeals within the Department of Justice adopted this interpretation in September.
The Trump administration last week appealed a similar ruling by a different appeals court to the Supreme Court.
Source: Fox News
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