Trump administration cannot hold migrants without bond hearings past 90 days, court rules
The Hindu – International
thehindu.com
Summary
Subscribed with another email? Immigration and Customs Enforcement cannot detain people for more than 90 days under the Trump administration’s mass detention policy without providing them a chance to be released on bond, a divided U.S. appeals court ruled on Thursday (July 2, 2026). Circuit Court of Appeals could affect thousands of individuals who have been detained in States within its jurisdiction, including Texas and Louisiana as part of President Donald Trump’s immigration crackdown. Constitution’s Fifth Amendment require those same migrants being given a chance to seek release by appearing before an immigration judge for a bond hearing. Circuit Judge Cory Wilson, a Trump appointee, dissented, saying “the majority 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, in a statement said they “are 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 U.S. Department of Homeland Security, which oversees ICE (immigration enforcement agency), did not respond to a request for comment. Under federal immigration law, “applicants for admission” to the United States are subject to mandatory detention while their cases proceed in immigration courts and are ineligible for bond hearings. Bucking a long-standing interpretation of immigration law, the U.S. The Board of Immigration Appeals, which is part of the Justice Department, issued a decision in September that adopted that interpretation. As a result, immigration judges, who are employed by the department, across the country began ordering mandatory detention.
From the source
U.S. Circuit Judge Cory Wilson, a Trump appointee, dissented, saying “the majority marginalizes the Constitution’s express grant of plenary authority over immigration matters to Congress”
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Published by The Hindu – International on thehindu.com
