The U.S. Circuit Court of Appeals has ruled that Immigration and Customs Enforcement (ICE) cannot detain immigrants for over 90 days without providing them an opportunity to seek release on bond while their deportation proceedings are ongoing. This decision affects thousands of immigrants detained in states under the court's jurisdiction, including Texas and Louisiana.

Judge Leslie Southwick, writing for the majority, referenced a 2001 Supreme Court finding that the Fifth Amendment's due process clause protects everyone within U.S. boundaries, including non-citizens. He wrote, "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."

In dissent, Judge Cory Wilson argued that the majority's ruling "marginalizes the Constitution's express grant of plenary authority over immigration matters to Congress."

Rebecca Cassler, a lawyer for the migrants at the American Immigration Council, expressed approval of the ruling, stating the group is "delighted that the panel recognized the core constitutional principle that the due process clause does not allow the government to lock them away indefinitely."

The Department of Homeland Security disagreed with the ruling, asserting it remains "confident in its legal position regarding mandatory detention."

This ruling underscores ongoing legal debates over immigration detention policies and constitutional protections for immigrants in the United States.

Sources