By The Republic Standard News Staff
The full U.S. Court of Appeals for the Fifth Circuit ruled Friday that immigrants who entered the United States unlawfully do not have a constitutional right to bond hearings while detained for removal proceedings.
The decision upholds the Trump administration’s mandatory-detention policy for unauthorized immigrants, including people who have spent substantial time in the country. The en banc court overturned an earlier decision by a three-judge Fifth Circuit panel that had found the policy violated due-process protections.
U.S. Circuit Judge Cory Wilson wrote for the majority. The court concluded that immigrants who have not been formally admitted to the United States are entitled only to the procedures Congress established before detention pending removal.
The majority also found that an individual’s potential flight risk or danger to the public does not affect the detention requirement under the statute at issue.
The earlier panel ruling concerned three immigrants who had each lived in the United States for more than a decade. Judge Catharina Haynes said she agreed with the basic arguments raised by dissenters but would have applied a narrower constitutional ruling, including for people with more than 10 years in the country and no criminal history.
U.S. Circuit Judge Leslie Southwick dissented, joined by five judges. U.S. Circuit Judge Stephen Higginson also filed a separate dissent joined by five judges.
James Percival praised the outcome, calling it a “Big win in the Fifth Circuit on mandatory detention for illegal aliens.” Rebecca Cassler criticized the ruling as contrary to the Constitution.
The Supreme Court has separately agreed to consider whether the mandatory-detention policy complies with the Immigration and Nationality Act. A Politico analysis cited more than 20,000 cases in which judges found the policy unlawful or unconstitutional, with nine of 11 federal appeals courts ruling against the administration.
Category: Constitution
Tags: Immigration, Fifth Circuit, Donald Trump, Supreme Court