Fifth Circuit to reconsider Trump policy on mandatory detention, bond hearings for illegal immigrants

The US Fifth Circuit Court of Appeals has vacated a recent ruling that required immigration authorities to provide bond hearings for certain long-term illegal immigrant detainees, setting the stage for the full court to reconsider the issue.

On Friday, a majority of the Fifth Circuit’s active judges voted to vacate a July 2 decision issued by a three-judge panel. The case will now be reheard in front of all judges on the court.

The now-vacated ruling had sided with detainees by US Immigration and Customs Enforcement (ICE) in Texas, Louisiana, and Mississippi. The panel determined that ICE could not detain individuals for more than 90 days without providing them an opportunity to appear before an immigration judge and request a release on bond, according to a report by Reuters.

The case centers on whether or not prolonged mandatory immigration detention violates the due process clause of the Constitution.

Back in February, the Fifth Circuit was the first federal appeals court to side with the Trump administration’s interpretation of federal immigration law permitting the mandatory detention of certain noncitizens during removal proceedings. That decision, however, did not resolve whether due process requires detainees to receive a bond hearing after an extended period of detention.

The July 2 panel had sought to answer that question, determining that continued detention beyond 90 days without an opportunity to seek release violated constitutional rights. But by vacating the panel’s opinion, the Fifth Circuit has suspended the ruling while the full court considers the case.