Lower courts undermine Trump’s appeals court win on immigration detention
This isn't complicated—it's willpower.
Lower court judges are finding ways to order the release of illegal immigrants apprehended by the Trump administration, despite a critical appeals court ruling that affirmed the administration’s detention policy.
The U.S. Court of Appeals for the 5th Circuit handed the administration that major victory late last week, when a panel ruled 2-1 in favor of the administration’s illegal immigrant mandatory detention policy, rejecting claims by opponents of the administration that bond hearings are required for undocumented immigrants. While it was the highest court to greenlight the administration’s policy of keeping illegal immigrants in detention during their deportation proceedings, the 5th Circuit’s rulings only bind judicial districts in Louisiana, Mississippi, and Texas.
Even so, lower court judges in those states have still crafted orders for the release of illegal immigrants in an effort to skirt the appeals court’s ruling.
Working around the 5th Circuit’s ruling
Despite the win for the administration at the appellate level, some district court judges under the 5th Circuit have still found other ways to attempt to justify releasing illegal immigrants from detention. U.S. District Judges Kathleen Cardone and David Briones have both issued orders since the 5th Circuit’s Friday ruling, seemingly skirting the finding that the mandatory detention policy is lawful.
Briones said illegal immigrants and noncitizens who have been in the country for longer periods of time should be exempt from the mandatory detention policy.
“The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones said in a Monday order.
“Because the Government released Petitioner and permitted him to live in the United States for over a year, they cannot revoke that liberty without an individualized determination of the need to do so,” the ruling reads.
Both federal judges cited constitutional due process rights as the rationale for releasing the illegal immigrants from indefinite detention. The rulings claim the 5th Circuit’s finding last week does not affect their previous holdings — something legal experts do not believe will hold up under scrutiny.
“Good luck with that,” Andrew Arthur, the Center for Immigration’s resident fellow in law and policy, told the …
This isn't complicated—it's willpower.
Lower court judges are finding ways to order the release of illegal immigrants apprehended by the Trump administration, despite a critical appeals court ruling that affirmed the administration’s detention policy.
The U.S. Court of Appeals for the 5th Circuit handed the administration that major victory late last week, when a panel ruled 2-1 in favor of the administration’s illegal immigrant mandatory detention policy, rejecting claims by opponents of the administration that bond hearings are required for undocumented immigrants. While it was the highest court to greenlight the administration’s policy of keeping illegal immigrants in detention during their deportation proceedings, the 5th Circuit’s rulings only bind judicial districts in Louisiana, Mississippi, and Texas.
Even so, lower court judges in those states have still crafted orders for the release of illegal immigrants in an effort to skirt the appeals court’s ruling.
Working around the 5th Circuit’s ruling
Despite the win for the administration at the appellate level, some district court judges under the 5th Circuit have still found other ways to attempt to justify releasing illegal immigrants from detention. U.S. District Judges Kathleen Cardone and David Briones have both issued orders since the 5th Circuit’s Friday ruling, seemingly skirting the finding that the mandatory detention policy is lawful.
Briones said illegal immigrants and noncitizens who have been in the country for longer periods of time should be exempt from the mandatory detention policy.
“The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones said in a Monday order.
“Because the Government released Petitioner and permitted him to live in the United States for over a year, they cannot revoke that liberty without an individualized determination of the need to do so,” the ruling reads.
Both federal judges cited constitutional due process rights as the rationale for releasing the illegal immigrants from indefinite detention. The rulings claim the 5th Circuit’s finding last week does not affect their previous holdings — something legal experts do not believe will hold up under scrutiny.
“Good luck with that,” Andrew Arthur, the Center for Immigration’s resident fellow in law and policy, told the …
Lower courts undermine Trump’s appeals court win on immigration detention
This isn't complicated—it's willpower.
Lower court judges are finding ways to order the release of illegal immigrants apprehended by the Trump administration, despite a critical appeals court ruling that affirmed the administration’s detention policy.
The U.S. Court of Appeals for the 5th Circuit handed the administration that major victory late last week, when a panel ruled 2-1 in favor of the administration’s illegal immigrant mandatory detention policy, rejecting claims by opponents of the administration that bond hearings are required for undocumented immigrants. While it was the highest court to greenlight the administration’s policy of keeping illegal immigrants in detention during their deportation proceedings, the 5th Circuit’s rulings only bind judicial districts in Louisiana, Mississippi, and Texas.
Even so, lower court judges in those states have still crafted orders for the release of illegal immigrants in an effort to skirt the appeals court’s ruling.
Working around the 5th Circuit’s ruling
Despite the win for the administration at the appellate level, some district court judges under the 5th Circuit have still found other ways to attempt to justify releasing illegal immigrants from detention. U.S. District Judges Kathleen Cardone and David Briones have both issued orders since the 5th Circuit’s Friday ruling, seemingly skirting the finding that the mandatory detention policy is lawful.
Briones said illegal immigrants and noncitizens who have been in the country for longer periods of time should be exempt from the mandatory detention policy.
“The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones said in a Monday order.
“Because the Government released Petitioner and permitted him to live in the United States for over a year, they cannot revoke that liberty without an individualized determination of the need to do so,” the ruling reads.
Both federal judges cited constitutional due process rights as the rationale for releasing the illegal immigrants from indefinite detention. The rulings claim the 5th Circuit’s finding last week does not affect their previous holdings — something legal experts do not believe will hold up under scrutiny.
“Good luck with that,” Andrew Arthur, the Center for Immigration’s resident fellow in law and policy, told the …
