A US federal appeals court has ruled that the Trump administration cannot deny immigrants detained inside the United States the opportunity to seek release on bond while their immigration cases are pending.
In a 2–1 decision issued by the San Francisco-based Ninth US Circuit Court of Appeals on Thursday, the judges found that the administration's expanded use of mandatory detention exceeded the historical interpretation of US immigration law. Notably, one of the judges in the majority, Daniel Bress, was appointed by President Donald Trump.
The ruling adds to a growing split among federal appeals courts. Four other appellate courts have also rejected the administration's policy, while the Fifth and Eighth Circuit Courts have upheld it, increasing the likelihood that the US Supreme Court will ultimately decide the issue.
The Department of Homeland Security said it strongly disagrees with the ruling and remains confident that the administration's interpretation of the law is correct. Officials argued that immigration laws passed by Congress in 1996 permit broader mandatory detention than previous administrations had enforced.
For years, most immigrants arrested within the US who had no criminal record were allowed to request bond hearings while awaiting immigration proceedings. Mandatory detention was generally limited to individuals apprehended at or near the US border.
The Trump administration expanded the policy last year as part of its broader immigration enforcement and mass deportation strategy, triggering numerous legal challenges from detainees and immigrant rights groups.
The administration has already asked the US Supreme Court to review the issue, setting the stage for a final nationwide ruling on the legality of the expanded detention policy.
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