Court Clampdown on Mandatory Detention: Appeals Court Ruling Shakes Up Immigration Policy
A U.S. appeals court limited the Trump administration's ability to detain immigrants without a hearing for more than 90 days, as the court emphasizes constitutional protections. The ruling affects several states and challenges the interpretation of immigration laws regarding mandatory detention of non-citizens.
In a pivotal decision, the 5th U.S. Circuit Court of Appeals restricted the Trump administration from subjecting immigrants to prolonged mandatory detention without a hearing beyond 90 days. The ruling could impact thousands of immigrants detained under the administration's stringent immigration crackdown policies.
The 2-1 decision underscores constitutional due process protections, asserting that everyone within the jurisdiction, including non-citizens, is entitled to basic rights, such as the opportunity to seek release on bond. The court's finding challenges a previous interpretation endorsed by another panel of the same court.
Judge Leslie Southwick, for the majority, highlighted that the due process clause does not allow indefinite detention, a stance opposed by Judge Cory Wilson. Meanwhile, the Department of Homeland Security stands by its legal viewpoint and is pushing for a Supreme Court review.
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