Federal appeals court rules detained immigrants have no bond rights

The 5th U.S. Circuit Court of Appeals ruled that immigrants who enter the United States without appointments can be detained indefinitely and are not entitled to bond hearings, regardless of how long they have lived in the country. The 10-7 decision applies to people already in the U.S. and those who will enter in the future.

The ruling affects more than 20,000 people held indefinitely in detention centers in Texas, Louisiana, and Mississippi. These three states hold more than 40 percent of all ICE detainees by average daily population.

“The principle at stake here is simple: if the government wants to detain someone, it has to explain why depriving them of their liberty is necessary.”

The case involved three immigrant fathers in Texas who were detained without bond. Rebecca Cassler, an attorney at the American Immigration Council who represented the men, called the ruling an affront to the U.S. Constitution.

Judge Cory Wilson, appointed by President Trump, wrote that undocumented immigrants who have not been legally admitted are only entitled to rights Congress spells out in immigration laws. He said they can leave the country at any moment to be free from detention.

Judge Leslie Southwick, a George W. Bush appointee, dissented, saying the ruling created an impenetrable wall between the Constitution and long-term residents. The Supreme Court has agreed to take up a similar case from the 8th Circuit.