Federal appeals court says immigrants can’t be denied bond hearings
A federal appeals court has ruled that the Trump administration cannot deny immigrants detained inside the United States a chance for release on bond. The 2-1 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals, with a judge appointed by President Donald Trump in the majority, deepened a split between federal appeals courts over the administration’s mandatory detention policy.
Four other appeals courts have also rejected the policy, while the Fifth Circuit in New Orleans and Eighth Circuit in St. Louis have sided with the Trump administration. The expanding circuit split increases the likelihood that the U.S. Supreme Court will eventually take up the issue. The administration last month asked the high court to consider it.
The U.S. Department of Homeland Security said in a statement it “strongly disagrees with the Ninth Circuit panel and is confident in its legal position regarding mandatory detention.”
The court’s decision means that immigrants who are detained while their cases are pending will be entitled to a bond hearing, where they can argue for their release.
The case now moves to the Supreme Court, which will have to decide whether to hear the administration’s appeal. If the court takes the case, its decision could shape how immigration detention is handled nationwide. For now, the ruling from the Ninth Circuit stands, and immigrants in its jurisdiction will be eligible for bond hearings while their cases proceed.