US Appeals Court Limits Mandatory Detention of Migrants

A US appeals court in New Orleans has limited the Trump administration’s power to detain thousands of immigrants while their deportation proceedings are pending. In a 2-1 ruling, the panel said migrants cannot be held for more than 90 days unless they are given a chance to seek release on bond before an immigration judge.

The decision could affect thousands of people detained by US Immigration and Customs Enforcement (ICE) in states under the court’s jurisdiction, including Texas and Louisiana, as part of the administration’s immigration crackdown.

Writing for the majority, US Circuit Judge Leslie Southwick said the due process clause of the Fifth Amendment protects everyone within US borders. Dissenting Judge Cory Wilson argued that the ruling undermined Congress’s constitutional authority over immigration matters.

Lawyers representing the migrants welcomed the decision, while the Department of Homeland Security said it disagreed and stood by its legal position. Last year, the department expanded its interpretation of “applicants for admission” subject to mandatory detention to include non-citizens who were already living in the US. With federal appeals courts divided on the issue, the administration last week asked the US Supreme Court to resolve the dispute.

(Reuters, Max)