Appeals Court Rules Against Indefinite Detention Under Trump Immigration Policy

A U.S. appeals court has ruled that Immigration and Customs Enforcement (ICE) cannot detain individuals for more than 90 days without offering a bond hearing. This ruling impacts many detained individuals under the Trump administration's policy, highlighting the due process protections under the U.S. Constitution's Fifth Amendment.

A divided U.S. appeals court has ruled against the prolonged detention policy under the Trump administration, pronouncing that Immigration and Customs Enforcement (ICE) must offer bond hearings for those detained over 90 days. This decision affects thousands of detained individuals across states including Texas and Louisiana.

The ruling came from a 2-1 panel of the New Orleans-based 5th U.S. Circuit Court of Appeals, which addressed the rights of immigrants under the U.S. Constitution's Fifth Amendment. U.S. Circuit Judge Leslie Southwick emphasized that the due process clause extends rights to all within U.S. boundaries, thus requiring bond hearings.

This decision challenges an earlier ruling that supported ICE's mandatory detention, potentially prompting the Supreme Court's involvement. With differing interpretations across federal appeals courts, this case challenges recent shifts in immigration policy definitions by the Department of Homeland Security and the Board of Immigration Appeals.