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Court Ruling Supports Trump Administration’s Immigration Detention Policy in Southern States

The Trump administration claimed a rare court victory for its embattled immigration detention policy when an appeals court, covering three states with large detention centers, agreed to stay court rulings that freed three Texas immigrants during an appeal.  The 5th…

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Court Ruling Supports Trump Administration's Immigration Detention Policy in Southern States

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Key points

  • The 5th U.S. Circuit Court of Appeals upheld the Trump administration’s immigration detention policy.
  • This decision allows continued detention of undocumented immigrants while their cases are processed.
  • The U.S. Supreme Court is expected to address the policy’s legality in its upcoming term.

— A federal appeals court has ruled in favor of the Trump administration‘s immigration detention policy, impacting Louisiana, Mississippi, and Texas. The 5th U.S. Circuit Court of Appeals delivered this ruling on July 21, agreeing to a stay on lower court decisions that had freed three immigrants who had entered the U.S. illegally years ago.

The ruling allows the continued detention of these individuals, who have no criminal records, as their cases proceed. A hearing is set for September 24 to discuss the next steps regarding their status.

Brett Shumate, a U.S. assistant attorney general, stated that the ruling is a significant order that clarifies that undocumented individuals do not possess a constitutional right to be free while their removal proceedings are ongoing. However, this interpretation has faced criticism. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, questioned the rationale behind the stay order, describing it as lacking reason.

The policy, which could affect millions of immigrants, mandates that those who illegally crossed the border could be detained without bond, regardless of how long they have been in the country or their asylum applications. This is part of the administration’s broader goal to increase deportations and removals to one million annually.

Statistics from U.S. Immigration and Customs Enforcement indicate that roughly 2,000 detainees are released each month due to court-ordered bond hearings. Although some federal judges, including those appointed by Trump, have ruled against mandatory detention, the Supreme Court is expected to address the legality of this policy during its upcoming term in October.

Contrasting rulings from courts across the country have led to varying applications of the detention policy. For instance, a California court deemed the policy unconstitutional, mandating bond hearings for immigrants, while a similar ruling occurred in Nevada. Additionally, the 8th U.S. Circuit Court of Appeals upheld the Trump policy, setting the stage for a potential Supreme Court ruling to resolve these discrepancies.

Based on reporting by Tim Henderson originally published by Stateline. Read the original story.

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