A divided panel of the 5th US Circuit Court of Appeals ruled on Friday in favor of the Trump administration’s policy of detaining millions of undocumented immigrants, even those who have lived in the United States for many years, without allowing them the opportunity to contest their detention. This decision marks a significant triumph for President Trump as he continues his aggressive deportation efforts.
The 2-1 ruling allows for the detention of numerous undocumented immigrants in Texas, Louisiana, and Mississippi—states where previously unlawful residents were, in many cases, able to remain free on bond while their immigration matters were being resolved. The appeals court’s decision means these individuals can now be detained without the chance for bond hearings, a shift that has sparked legal debates across the country.
Despite numerous lower court rulings declaring the policy unlawful, Friday’s opinion represents the first time an appeals court has sided with the administration. Legal experts, including Steve Vladeck, a CNN Supreme Court analyst and Georgetown University law professor, noted the significance of this ruling and the motivations behind choosing to appeal to the 5th Circuit, known for its conservative leanings.
The majority decision was written by Judge Edith Jones, who was appointed by Ronald Reagan, alongside Judge Kyle Duncan, appointed by Trump. They asserted that the current administration has the authority to enforce stricter immigration policies, emphasizing that the previous practice of releasing immigrants on bond was a choice rather than a requirement of the law.
In contrast, Judge Dana Douglas, appointed by President Biden, issued a dissenting opinion warning that the ruling might lead to detention without bond for an estimated two million undocumented immigrants currently residing in the nation. She expressed concern about the implications of such a decision, emphasizing the lack of historical precedent for detaining noncitizens within the country without providing bond hearings.
This ruling sets the stage for a potential Supreme Court review, as other appeals courts continue to evaluate the policy. With the issue now gaining traction, it could lead to significant legal battles in the future. The ongoing discussions surrounding immigration law highlight the intricate balance between enforcement and the rights of individuals living in the United States, presenting a complex and evolving legal landscape.