The U.S. can continue to detain immigrants without bond, an appeals court ruled on Wednesday, marking a significant win for federal immigration policies. The 8th Circuit Court of Appeals in St. Louis overturned a previous decision that required bond hearings for a Mexican national lacking legal documents.
This decision comes on the heels of a similar ruling from the 5th Circuit, asserting that the Department of Homeland Security's no-bond policy adheres to constitutional and federal immigration laws. In contrast, several lower courts have ruled that such practices violate legal standards.
The case at hand involved Joaquin Herrera Avila, apprehended in Minneapolis and subsequently detained without bond. A Minnesota federal court previously ruled he should receive a hearing, citing his long-term residence in the U.S. However, the 8th Circuit concluded that those seeking admission could face mandatory detention without bond.
Judge Bobby E. Shepherd stated the law clearly defines an 'applicant for admission' as one eligible for such procedures. In dissent, Judge Ralph R. Erickson argued this ruling could set a dangerous precedent for millions facing deportation under what he termed a novel interpretation of the law, diverging from historical precedents established under multiple administrations.
The American Civil Liberties Union, representing Avila, has yet to comment extensively on the ruling. However, Attorney General Pam Bondi praised the decision as a victory against 'activist judges,' further solidifying the Trump administration's immigration agenda.
This ruling raises broader questions about the impact on immigrants' rights and whether the government is obligated to consult a neutral judge regarding the legality of detaining individuals.
