A federal appeals court ruled that immigrants detained within the United States cannot be denied the opportunity for release on bond. The 2-1 decision was handed down on Thursday by the San Francisco-based 9th U.S. Circuit Court of Appeals.
Judge Daniel Bress, a Trump appointee, wrote for the majority in the ruling. He was joined by Judge M. Margaret McKeown, who was appointed by President Bill Clinton. Judge Carlos Bea, appointed by President George W. Bush, dissented in the case.
Legal disagreements and policy shifts
Immigration officials issued guidance last July that expanded mandatory detention to immigrants in the US interior. This guidance was part of the Trump administration's mass deportation campaign. Under previous administrations, most noncitizens without a criminal record arrested inside the United States were permitted to seek bond hearings while immigration cases were pending, with mandatory detention generally reserved for those arrested at the border.
The Trump administration has argued that a 1996 amendment to immigration law allows for mandatory detention beyond the border. However, Judge Bress rejected this argument. While previous administrations did not enforce that specific provision, Judge Carlos Bea stated that the text and purpose of the 1996 amendment support the administration's reading.
The decision follows similar rulings by four other appeals courts that have rejected the policy. However, the Fifth Circuit in New Orleans and the Eighth Circuit in St. Louis have sided with the Trump administration. This expanding disagreement across circuits increases the likelihood that the US Supreme Court will ultimately address the issue.
Some federal judges who ordered bond hearings have criticized the administration for repeatedly violating their orders.