A federal appeals court has ruled that the Trump administration cannot deny migrants detained within the United States the opportunity to seek release on bond, a decision that challenges the administration's expanded mandatory detention policy. The ruling by the Ninth Circuit Court of Appeals in San Francisco marks a setback for the administration's mass deportation strategy.
In a 2-1 decision, the court found against the administration's policy, which had been implemented to detain illegal immigrants apprehended inside the U.S. without bond hearings. Previously, most non-criminal illegal immigrants arrested within the country were typically granted bond hearings while their immigration cases were processed, with mandatory detention generally reserved for those apprehended at the border.
The Department of Homeland Security stated it "strongly disagrees with the Ninth Circuit panel and is confident in its legal position regarding mandatory detention." The department added, "President Donald Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe."
This ruling is part of a deepening circuit split, with four other appeals courts having previously rejected similar policies. However, the Fifth Circuit and Eighth Circuit have ruled in favor of the federal government on this issue. The administration has asked the U.S. Supreme Court to consider the case, potentially leading to a high court review.
Ninth Circuit Judge Daniel Bress, appointed by President Trump, dissented from the majority opinion, arguing that a 1996 congressional amendment supports the administration's stance on mandatory detention. He was joined in his dissent by Judge Carlos Bea, appointed by President George W. Bush. The majority opinion was written with Judge M. Margaret McKeown, appointed by former President Bill Clinton.
Some federal judges have previously criticized the administration for allegedly violating orders to hold bond hearings. The administration has argued that Congress changed immigration law in 1996 to permit mandatory detention beyond the border, a measure they contend previous administrations failed to enforce.