The U.S. can continue to detain immigrants without bond, an appeals court ruled on Wednesday, handing a victory to the Trump administration’s crackdown on immigration.
The opinion from a panel of the 8th Circuit Court of Appeals in St. Louis overturned a lower court ruling that required a native of Mexico arrested for lacking legal documents to have a bond hearing before an immigration judge.
This marks the second appeals court to rule in favor of the administration on this issue, following the 5th Circuit in New Orleans, which determined that the Department of Homeland Security’s policy denying bond hearings to arrested immigrants aligns with constitutional and immigration law.
Countering recent lower court decisions that deemed the practice illegal, a California district court had earlier allowed detained immigrants with no criminal history to request a bond hearing.
Cited in the ruling is the case of Joaquin Herrera Avila, a Mexican national apprehended in Minneapolis. Avila, detained without bond, filed for a bond hearing, which was initially granted by a federal judge who believed that he was not “seeking admission” due to his long-term residence in the U.S. However, the appeals court contended he fell under the definition of an “alien seeking admission.”
Circuit Court Judge Ralph R. Erickson dissented, expressing concerns that many including Avila would be subjected to mandatory detention due to a novel interpretation of legal terminology, marking a significant shift from interpretations held by previous administrations.
Impassioned responses have emerged, including Attorney General Pam Bondi's acclaim of the ruling as a victory for President Trump's framework on law and order, while the ACLU noted it would review the implications of the court's decision.
The mid-level court ruling raises broader questions regarding the legal frameworks around immigrant detentions, emphasizing the constitutional right to challenge government detention via habeas corpus.
