President Trump just secured a huge courtroom victory for his effort to restore order to America’s broken immigration system.
In a major 10-7 decision issued Friday, the full U.S. Court of Appeals for the Fifth Circuit ruled that certain illegal aliens may be held without individualized bond hearings while their removal proceedings remain pending.
The ruling reverses three lower-court decisions that had ordered the release of detainees and restricted federal authorities from detaining them again without first holding bond hearings to assess dangerousness and flight risk.
This is an important win for the Trump administration, which has argued that federal law requires the detention of covered aliens who entered the country without inspection and were never lawfully admitted.
To be precise, the decision does not instantly deport every illegal alien in federal custody.
It preserves mandatory detention without individualized bond hearings for unadmitted applicants for admission covered by Section 1225(b)(2)(A) of Title 8 while their removal cases are being decided.
That distinction matters, but so does the practical consequence: federal judges within the Fifth Circuit cannot use the due-process theory rejected here to impose bond hearings that Congress did not provide for this category of detainees.
The en banc ruling swept aside the three release orders and restored the government’s detention authority in these cases:
The consolidated dispute was led by Sosnava Rodriguez v. Vergara, No. 26-50183, and involved three petitioners who had lived in the United States for years after entering without inspection.
They were later detained following traffic stops. Each challenged continued detention and sought an individualized hearing at which the government would have to justify keeping them in custody based on dangerousness or flight risk.
Federal district courts in the Western District of Texas granted habeas relief. Those courts ordered the petitioners released and barred federal authorities from detaining them again without the requested bond proceedings.
A divided three-judge Fifth Circuit panel initially sided with the petitioners on July 2 and required an individualized bond hearing within 90 days. The full appeals court then granted rehearing en banc, heard arguments on September 24, and reversed course on October 23.
According to the Fifth Circuit’s 159-page opinion, Congress placed covered applicants for admission under a mandatory-detention framework when an examining immigration officer determines they are not clearly and beyond doubt entitled to admission.
The majority concluded that these three petitioners, who entered without inspection and were never lawfully admitted, were not constitutionally entitled to additional individualized bond procedures beyond those supplied by Congress.
The court also held that the length of their detention did not create a constitutional issue warranting habeas relief on the records before it. It therefore reversed the three district-court judgments and vacated the grants of habeas relief.
Judge Cory Wilson wrote the lead majority opinion. Chief Judge Jennifer Elrod and Judges Edith Jones, Jerry Smith, Priscilla Richman, Don Willett, James Ho, Stuart Kyle Duncan, Kurt Engelhardt, and Andrew Oldham joined the result, with Judge Richman separately concurring in the judgment.
Seven judges dissented, underscoring just how consequential and closely contested the constitutional issue was.
The immediate conservative reaction captured the size of the win and the court’s rejection of a bond right based merely on detention length:
The majority’s reasoning rests heavily on the distinction between people who have been lawfully admitted to the United States and those who entered unlawfully but have never obtained lawful admission.
Congress has broad constitutional authority over immigration, the court explained, and it expressly made detention mandatory when an applicant for admission is not clearly entitled to enter or remain in the country.
The petitioners argued that years of physical presence inside the United States entitled them to individualized bond hearings as a matter of due process. The majority rejected that argument, holding that their unlawful entry and prolonged presence did not transform them into lawfully admitted persons entitled to procedures Congress withheld.
For the Trump administration, this closes off one powerful avenue that had been used to obtain court-ordered release. If an alien falls within the statutory category addressed by the ruling, detention may continue during covered removal proceedings without a federal court creating an extra bond requirement.
That gives immigration authorities greater ability to maintain custody and carry removal cases through to completion under the framework Congress enacted.
The administration’s top homeland-security lawyer tied the win directly to the mandatory-detention principle Congress codified in 1996:
The decision is powerful, but it is not the final word on every question surrounding the administration’s detention policy.
The Supreme Court has separately agreed to review a related statutory issue: how broadly the mandatory-detention provision itself reaches. That coming case concerns the proper interpretation of federal law, while Friday’s Fifth Circuit decision resolves the constitutional due-process claim brought by these three petitioners.
In other words, the Fifth Circuit held that the Constitution did not require individualized bond hearings for these unadmitted applicants detained under § 1225(b)(2)(A). The Supreme Court must still determine the disputed statutory reach of the administration’s policy in the related case before it.
Even with that question remaining, Friday’s ruling represents a major legal victory for President Trump and a serious defeat for efforts to use federal habeas litigation to force the release of covered detainees.
Congress wrote mandatory detention into the law, and the Fifth Circuit has now said the Constitution does not give these petitioners a judicially invented bond process on top of it. For an administration determined to enforce immigration law as written, that is a very big win indeed.
The post JUST IN: 5th Circuit Appeals Court Hands President Trump HUGE Deportation Win! appeared first on 100PercentFedUp.com.
Continue reading...
[H/T 100PercentFedUp]