A divided federal appeals court ruled on Friday that thousands of ICE detainees held in Texas are barred from applying for bail, even if they have been held for months or years while their immigration proceedings play out.
The full bench of the 5th Circuit Court of Appeals concluded 10-7 that Congress had intended to restrict the possibility of release for people facing deportation, even if they had lived in the United States for years without a criminal record and had attended their immigration and customs clearances.
The ruling is the most significant yet in support of the Trump administration’s unprecedented, year-old policy of mandatory detention for those who entered the country without authorization — even if they have developed decades-long roots in the country, with U.S. citizen spouses and children.
This policy has been overwhelmingly rejected by courts across the country, including more than 460 district court judges appointed by all modern presidents and nine of 11 appeals court circuits to consider it. The Supreme Court agreed to evaluate the legality of this policy this term.
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