Court just told the “catch and release forever” crowd that no, you don’t get to walk around while the government tries to remove you.
- The Fifth Circuit held that illegal aliens lack a constitutional right to release from ICE custody while removal cases are ongoing.
- The ruling stayed district-court orders that had directed bond hearings for three detainees.
- Chief Judge Jennifer Elrod led the opinion.
- One of the cases involved Ignacio Sosnava Rodriguez, an illegal alien arrested in Texas after living in the country for years.
- He argued prolonged detention without a bond hearing violated Fifth Amendment due process.
- A lower court had ordered a bond hearing using a balancing test from Mathews v. Eldridge.
- The appeals court rejected that approach and blocked the release orders.
- Similar stays were issued for two other detainees.
- Assistant Attorney General Brett Shumate said the order makes clear illegal aliens do not have a constitutional right to roam free during removal proceedings.
- The decision is described as precedential and expected to guide future cases in the circuit.
- Immigration detention policy remains contested across different federal circuits.
Slay News article: https://slaynews.com/appeals-court-illegal-aliens-do-not-have-constitutional-right-roam-free-america/
Other circuits have split on mandatory detention and bond requirements, setting up potential Supreme Court review. District judges in the Fifth Circuit have continued issuing some due-process-based orders even after earlier appellate guidance. ICE continues large-scale interior enforcement operations that increase the number of people in removal proceedings.
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