“The government’s interpretation … would send a seismic shock through out immigration detention system and society, straining our already overcrowded detention infrastructure, incarcerating millions, separating families, and disrupting communities,” the judge said. “If Congress meant to achieve such a radical break from the past, it would not have done so in such an indirect and ambiguous way.”
A federal appeals court has ruled that the Trump administration jail immigrants without giving them an opportunity to obtain bond, with the panel citing “serious constitutional questions” about proposed detention policies.
According to NBC News, the unanimous decision was issued by the 2nd U.S. Circuit Court of Appeals in New York City. Writing for his colleagues, Judge Joseph F. Bianco acknowledged that the ruling puts his court at odds with the 8th and 5th circuits, which recently took the side of the administration in related litigation.
“Today, although we part ways with two other circuits that have addressed this question, we join the overwhelming majority of federal judges across the Nation to consider it and conclude that the government’s novel interpretation of the immigration statute defies their plan text,” Bianco wrote.
Bianco, who was appointed to his position by Trump, said that enforcing the government’s position could have catastrophic consequences for the entire immigration system.
“The government’s interpretation … would send a seismic shock through out immigration detention system and society, straining our already overcrowded detention infrastructure, incarcerating millions, separating families, and disrupting communities,” Biano said. “If Congress meant to achieve such a radical break from the past, it would not have done so in such an indirect and ambiguous way.”
The other members of the panel included Judges Alison J. Nathan and Jose A. Cabranes.
NBC News notes that, under the Trump administration’s detention policy, immigrants are typically denied bond hearings even if they do not pose a flight risk and have no criminal history in the United States. Under previous administrations, immigrants without criminal histories were usually given an opportunity to apply for bond while awaiting later hearings.
The Department of Homeland Security has since issued a statement reaffirming its position and saying it expects that the Supreme Court will take its side.
“Regarding decisions from federal courts about mandatory detention, judicial activists have been repeatedly overruled by the Supreme Court on these questions,” a Department of Homeland Security spokesperson said in a statement. “ICE has the law and the facts on its side and will be vindicated by higher courts.”
Sources
Appeals court rejects Trump’s no-bond immigration detentions, setting stage for Supreme Court review
Appeals court rules against ICE’s mandatory detention policy
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