The New York-based US Court of Appeals for the Second Circuit found that the administration relied on a new but incorrect interpretation of a long-standing immigration law to justify the practice
A United States federal appeals court has struck down the Trump administration’s policy of placing most people arrested in immigration enforcement operations into mandatory detention without the chance to request release on bond.
In a 3–0 decision on Tuesday, the New York-based US Court of Appeals for the Second Circuit found that the administration relied on a new but incorrect interpretation of a long-standing immigration law to justify the practice.
Writing for the panel, US Circuit Judge Joseph F. Bianco, a Trump appointee, said the government’s interpretation “would send a seismic shock through our immigration detention system and society,” warning it could overcrowd detention facilities, separate families, and disrupt communities.
The Trump administration argued that the policy is permitted under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
However, Judge Bianco rejected that view, saying the government had attempted to “muddy” the law’s clear meaning. He added that the interpretation “defies the statute’s context, structure, history, and purpose” and contradicts long-established executive practice.
Under the policy, the Department of Homeland Security had argued that non-citizens already living in the United States not just recent arrivals at the border should be classified as “applicants for admission” and therefore subject to mandatory detention.
Under US immigration law, individuals classified as “applicants for admission” are held in custody while their cases proceed in immigration court and are not eligible for bond hearings.
Join us on our WhatsApp Platform @KOIKIMEDIA NEWS YOUR PAGE
Koikimedia Bringing the World 🌎 Closer to Your Doorstep