A federal appeals court in Atlanta has dealt a blow to the Trump administration's immigration enforcement by rejecting a policy that denies bond hearings to individuals in deportation proceedings. The 2-1 ruling by the 11th U.S. Circuit Court of Appeals on Wednesday deepens a growing divide among federal appeals courts over the legality of detaining people without the possibility of release while their cases are pending.
Circuit Split Widens
The 11th Circuit's decision follows a similar ruling by the 2nd Circuit in April, both opposing the no-bond policy. In contrast, the 8th and 5th Circuits have previously upheld the policy, which has been in effect since July. Meanwhile, a 7th Circuit panel issued a fractured opinion on Tuesday, with one judge rejecting the policy, another supporting it, and the third declining to rule. This deepening split increases the likelihood that the U.S. Supreme Court will need to resolve the issue.
Details of the Case
The case originated from lower court rulings involving two Mexican men who had been living in the United States without authorization since 2019 and 2015. They were arrested during traffic stops in Florida in September and placed in deportation proceedings. Under the Department of Homeland Security's policy, they were denied bond hearings, despite having no criminal history and long-term residence in the country.
Previously, most noncitizens without a criminal record who were not apprehended at the border could request a bond hearing. Bond was often granted if the individual was not considered a flight risk, with mandatory detention reserved primarily for recent arrivals.
Legal Reasoning
The majority opinion, written by Senior Circuit Judge Stanley Marcus (appointed by President Bill Clinton) and joined by Circuit Judge Robin Rosenbaum (appointed by President Barack Obama), found that the government's interpretation of federal law was unpersuasive. The ruling stated that Congress did not grant the executive branch "unfettered authority to detain, without the possibility of bond, every unadmitted alien present in the country." The judges emphasized that the law maintains a longstanding distinction between border arrivals and interior residents for detention purposes.
In dissent, Trump-appointed Circuit Judge Barbara Lagoa argued that unlawfully present aliens are considered applicants for admission under the law, and that the majority's reading improperly created an exception not present in the statute.
Impact and Legal Challenges
Trump administration lawyers have cited the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to justify mandatory detention. However, a separate law allows individuals already in the country to seek bond from an immigration judge. In July, Acting ICE Director Todd Lyons announced that all deportation detainees would be treated as new arrivals, effectively eliminating bond hearings.
Unable to access bond hearings, detainees have turned to habeas corpus petitions in federal court, leading to a surge of over 30,000 lawsuits. This has created a crushing workload for the federal judiciary as the administration pursues mass deportations.
