SerpApi.Org
A federal appeals court handed the Trump administration a key win this week in its efforts to hold illegal immigrants in detention pending their removal proceedings, as a key part of President Donald Trump's aggressive immigration agenda makes its way closer to the Supreme Court.
The full bench of the U.S. Court of Appeals for the Fifth Circuit halted lower court orders that had released a trio of illegal immigrants from detention and ordered they be subject to bond hearings if federal authorities wanted to attempt to detain them again. The order from the full Fifth Circuit did not elaborate on its decision to halt the district court orders, but it came weeks after the circuit three-judge panel's ruling was set aside so the full court could hear the case.
Both the district courts and the three-judge panel had ruled that the indefinite detention of the three illegal immigrants had violated their due process rights under the Fifth Amendment.
"These three aliens, who many years ago entered this country without inspection and have been residing here for years, who have no criminal history, and who, as far as we have been informed, have not yet been subject to a removal order, would today have been detained by immigration authorities for an unreasonable time absent the district courts’ intervention," U.S. Circuit Judge Leslie Southwick, an appointee of former President George W. Bush, said in the ruling for the three-judge appeals court panel. "If they were still detained without any removal order having been entered, they would be entitled to a bond hearing now."
The three-judge panel on the Fifth Circuit had ruled 2-1 in favor of keeping the illegal immigrants released, with U.S. Circuit Judge James Graves Jr., an appointee of former President Barack Obama, joining in the majority, and U.S. Circuit Judge Cory Wilson, a Trump appointee, dissenting. The full court vacated that ruling earlier this month but went a step further on Tuesday by also staying the lower court's ruling. The full Fifth Circuit's unusual stay pending a hearing in the case would allow immigration authorities to detain the three men again.
The full bench of the Fifth Circuit is expected to hear arguments on whether illegal immigrants have a constitutional right to a bond hearing over their detention on Sept. 24.
Illegal immigrants in detention across the country have filed habeas corpus seeking to be released, after the Trump administration implemented a mandatory detention policy upon returning to office early last year. The Fifth Circuit, along with the Eighth Circuit, found that the administration has the power to detain illegal immigrants indefinitely pending removal proceedings under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The question of whether the due process clause of the Fifth Amendment requires bond hearings and release will be at the center of arguments at the Fifth Circuit.
‘ASSAULT WEAPONS’ BANS ARE ON THEIR WAY TO THE SUPREME COURT
Various immigration policy cases were handed down during the last Supreme Court term, including a 6-3 ruling allowing Trump to end temporary protected status for Haiti and Syria.
During the upcoming Supreme Court term, the justices will weigh whether the federal government can hold criminal immigrants in detention indefinitely pending removal. The high court will likely add other immigration-related cases to its next term in the coming months.
