The 5th U.S. Circuit Court of Appeals ruled 2-1 that U.S. Immigration and Customs Enforcement (ICE) cannot detain individuals for over 90 days without allowing them the opportunity for a bond hearing. This decision could affect many migrants detained under the Trump administration's immigration policies, particularly in states like Texas and Louisiana.
The majority opinion, authored by Judge Leslie Southwick, emphasized that the due process protections of the Fifth Amendment apply to all individuals within U.S. borders, including non-citizens.
This ruling contrasts with a previous decision from the same court that supported the Trump administration's interpretation of federal immigration law, which allowed for mandatory detention of non-citizens. Judge Cory Wilson, dissenting, argued that the ruling undermines Congress's authority over immigration matters.
The American Immigration Council welcomed the decision, highlighting its affirmation of due process rights for detained migrants. The ruling adds to the ongoing legal debate over the interpretation of immigration laws, particularly as the Trump administration has sought to clarify these issues at the Supreme Court level