The full U.S. Court of Appeals for the Fifth Circuit ruled 10 to 7 on Friday that immigrants who entered the country unlawfully and are detained by ICE have no constitutional right under the Fifth Amendment Due Process Clause to a bond hearing to challenge their detention while removal proceedings continue. Judge Cory Wilson wrote for the majority that because the petitioners were never admitted to the United States, due process does not entitle them to proceedings beyond what Congress provided in the immigration statutes. The court reversed a prior three judge panel that had held detention beyond roughly 90 days without a hearing was unconstitutional. The decision applies in Texas, Louisiana and Mississippi, which hold the largest numbers of immigration detainees. The majority noted that detainees can end their detention at any moment by agreeing to leave the country. The ruling upholds the Trump administration’s mandatory detention policy for unauthorized immigrants regardless of how long they have lived in the United States or whether they have criminal records. Seven judges dissented.
https://www.courthousenews.com/fifth-circuit-rules-trump-mandatory-detention-policy-constitutional
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