Appeals court reverses decision on immigrant detention, leaving no-bond policy in place

The 5th U.S. Circuit Court of Appeals has reversed a July 2 panel decision requiring bond hearings for immigrants held under the Trump administration’s mandatory detention policy. 

For now, that means many immigration prisoners from all over the country can still be held indefinitely without bond in some of the nation’s largest detention centers in Louisiana, Mississippi and Texas. The Trump administration policy requires detention without bond for an immigrant who crossed the border illegally, no matter how long they’ve been here. 

Flouting Trump policy, federal judges are freeing immigrants from mandatory detention

The appeals court will rehear the case in September.

The Trump administration policy has already been disregarded by many judges, even Trump appointees in the 5th Circuit states, who have freed immigrants or ordered bond hearings despite the policy. 

Other appeals courts have struck down the policy as unconstitutional. An exception is the 8th U.S. Circuit Court of Appeals, which has upheld the detention policy, covering centers in seven states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. 

Some judges in the 5th Circuit had already ordered bond hearings or releases based on the July 2 ruling. The Supreme Court has agreed to take up a related case and resolve the conflict in its next session starting in October. 

Stateline reporter Tim Henderson can be reached at [email protected].