Fifth Circuit Court Rules on Detention of Illegal Immigrants During Removal Proceedings

The U.S. Court of Appeals for the Fifth Circuit ruled this week in favor of the Trump administration's policy to detain illegal immigrants during their removal proceedings. The court halted lower court orders that had mandated the release of three illegal immigrants from detention and required bond hearings for potential future detentions. The Fifth Circuit's decision follows a previous ruling by a three-judge panel that found the indefinite detention of the individuals violated their due process rights under the Fifth Amendment. The full court's ruling allows immigration authorities to detain the individuals again while the case is reviewed. Arguments on whether illegal immigrants have a constitutional right to bond hearings are scheduled for September 24. The Fifth Circuit and Eighth Circuit have previously determined that the administration has the authority to detain illegal immigrants indefinitely under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.