A federal appeals court has rejected the Trump administration’s expansion of mandatory detention for illegal immigrants inside the United States. The 2-1 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the administration cannot deny these immigrants a chance for release on bond.
Background
Under previous administrations, most noncitizens without a criminal record who were arrested inside the U.S. were allowed to seek a bond hearing while their immigration cases were pending. Mandatory detention was generally reserved for people arrested at the border. However, last July, immigration officials issued guidance expanding mandatory detention to illegal immigrants in the U.S. interior.
The Trump administration argued that Congress changed immigration law in 1996 to allow mandatory detention beyond the border, but previous administrations didn’t enforce that provision. Writing for the majority, 9th U.S. Circuit Judge Daniel Bress rejected that argument, stating that the historical understanding of the statute is the better one.
The U.S. Department of Homeland Security said in a statement it “strongly disagrees with the Ninth Circuit panel and is confident in its legal position regarding mandatory detention.” The administration last month asked the U.S. Supreme Court to consider the issue.
Original reporting: WTVQ (Lexington) — read the source article.
