Appeals court rules ICE must allow bond hearings after 90 days of detention

A federal appeals court ruled Thursday that U.S. Immigration and Customs Enforcement (ICE) cannot hold immigrants in detention for longer than 90 days without allowing them to request release through a bond hearing while their deportation cases remain pending.

Dig deeper:

In a 2-1 decision, the Fifth U.S. Circuit Court of Appeals rejected the administration's position, a ruling that could impact thousands of immigrants detained by ICE in states under the court's jurisdiction, including Texas and Louisiana.

What they're saying:

Writing for the majority, Judge Leslie Southwick said the U.S. Supreme Court determined in 2001 that the Constitution's due process protections extend to everyone, including the two Mexican nationals and one Honduran citizen whose cases were before the court.

"It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken," Southwick wrote.

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The other side:

In dissent, Judge Cory Wilson argued that the majority's ruling "marginalizes the Constitution's express grant of plenary authority over immigration matters to Congress."

The backstory:

The decision follows an earlier February ruling by a separate panel of the Fifth Circuit, which became the first federal appeals court to support the administration's interpretation of an immigration law requiring mandatory detention for certain non-citizens.

That earlier ruling, however, did not consider whether the Fifth Amendment's due process protections require immigrants to receive an opportunity to seek release on bond before an immigration judge.

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Local perspective:

Rebecca Cassler, an attorney representing the migrants with the American Immigration Council, welcomed Thursday's decision, telling Reuters that the organization is "delighted that the panel recognized the core constitutional principle that the due process clause does not allow the government to lock them away indefinitely."

The Department of Homeland Security said it disagrees with the court's decision, stating that it remains "confident in its legal position regarding mandatory detention."

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Fox News Digital also contacted the department for additional comment.

Big picture view:

The latest ruling comes after the administration asked the U.S. Supreme Court last week to review a similar decision issued by another federal appeals court.

Under federal immigration law, "applicants for admission" to the United States are generally subject to mandatory detention while their cases move through immigration court, making them ineligible for bond hearings.

Last year, the Department of Homeland Security advanced a broader interpretation of that law, arguing that non-citizens already living in the United States should also be considered "applicants for admission" and therefore subject to mandatory detention, rather than limiting the designation to individuals arriving at the border.

In September, the Justice Department's Board of Immigration Appeals formally adopted the Department of Homeland Security's interpretation.

Following that decision, immigration judges employed by the Justice Department began ordering mandatory detention in cases across the country.

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