Appeals court affirms Trump policy of jailing immigrants without bond

Immigration Law

President Donald Trump's administration can continue to detain immigrants without bond, marking a major legal victory for the federal immigration agenda and countering a slew of recent lower court decisions across the country that argued the practice is illegal.

A panel of judges on the 5th Circuit Court of Appeals ruled on Friday evening that the Department of Homeland Security's decision to deny bond hearings to immigrants arrested across the country is consistent with the constitution and federal immigration law.

Specifically, circuit judge Edith H. Jones wrote in the 2-1 majority opinion that the government correctly interpreted the Immigration and Nationality Act by asserting that "unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States."

Under past administrations, most noncitizens with no criminal record who were arrested away from the border had an opportunity to request a bond hearing while their cases wound through immigration court. Historically, bond was often granted to those without criminal convictions who were not flight risks, and mandatory detention was limited to recent border crossers.

"That prior Administrations decided to use less than their full enforcement authority under" the law "does not mean they lacked the authority to do more," Jones wrote.

The plaintiffs in the two separate cases filed last year against the Trump administration were both Mexican nationals who had both lived in the United States for over 10 years and weren't flight risks, their attorneys argued. Neither man had a criminal record, and both were jailed for months last year before a lower Texas court granted them bond in October.

The Trump White House reversed that policy in favor of mandatory detention in July, reversing almost 30 years of precedent under both Democrat and Republican administrations.

Friday's ruling also bucks a November district court decision in California, which granted detained immigrants with no criminal history the opportunity to request a bond hearing and had implications for noncitizens held in detention nationwide.

Circuit Judge Dana M. Douglas wrote the lone dissent in Friday's decision.

The elected congress members who passed the Immigration and Nationality Act "would be surprised to learn it had also required the detention without bond of two million people," Douglas wrote, adding that many of the people detained are "the spouses, mothers, fathers, and grandparents of American citizens."

She went on to argue that the federal government was overriding the lawmaking process with DHS' new immigration detention policy that denies detained immigrants bond.

"Because I would reject the government's invitation to rubber stamp its proposed legislation by executive fiat, I dissent," Douglas wrote.

Douglas' opinion echoed widespread tensions between the Trump administration and federal judges around the country, who have increasingly accused the administration of flouting court orders.

U.S. Attorney General Pam Bondi celebrated the decision as "a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn."

"We will continue vindicating President Trump's law and order agenda in courtrooms across the country," Bondi wrote on the social media platform X.

Related listings

  • US moves to cut backlog of asylum cases at US-Mexico border

    US moves to cut backlog of asylum cases at US-Mexico border

    Immigration Law 08/18/2021

    The Biden administration on Wednesday proposed changing how asylum claims are handled, aiming to reduce a huge backlog of cases from the U.S.-Mexico border that has left people waiting years to find out whether they will be allowed to stay in America...

  • Russian court says bobsledder can keep Olympic titles

    Russian court says bobsledder can keep Olympic titles

    Immigration Law 01/14/2019

    Russian bobsledder Alexander Zubkov won a Moscow court ruling on Friday that could make it harder for the International Olympic Committee to recover his gold medals.The Russian flagbearer at the 2014 Sochi Olympics was stripped of his two gold medals...

  • Court gives government a win in young immigrants' cases

    Court gives government a win in young immigrants' cases

    Immigration Law 10/26/2017

    A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.The 2nd U.S. Circuit Court of Appeals in Manhattan directed Broo...

Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

Business News

Eugene, OR Criminal Defense DUII Attorney MJM Law Office was founded to provide clients with representation in Criminal Defense. >> read