President Donald Trump has lost again at another appeals court over the mass detention policy he’s pushed out over the past year.
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MS NOW producer Kyle Cheney reported that the 9th Circuit rejected U.S. Immigration and Customs Enforcement’s (ICE) detention policy. It’s the fifth straight loss at an appellate court. Cheney remarked that the district is the crucial one that covers California, Arizona, Nevada and Washington.
Politico reported Thursday that the decision is “the most significant rejection yet.” Lower courts will now be bound by the ruling in states where there are thousands of detainees.
The ruling came down and the court decided that he misconstrued immigration laws from decades ago that set the rules for the modern deportation system.
“The government’s change in policy has resulted in detained aliens filing thousands of habeas petitions in federal courts across the country, seeking bond hearings and possible release from detention,” wrote Trump appointee Judge Daniel Bress in the majority decision. “The implication of the government’s position is that Congress in 1996 made a major change to the immigration laws by subjecting millions of unadmitted aliens present in the United States to mandatory detention, but that this change then went unnoticed and unheeded, with the Executive Branch for the next three decades … We accordingly do not think that Congress in 1996 made such a large-scale change to our established system of immigration detention in the way that the government now contends.”
Anyone who has been in the U.S. for years and has established families can now only be detained after a bond hearing, which requires convincing an immigration judge that they can live safely in their own communities while the process unfolds.
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Of the five courts that have ruled this way so far, Politico cited, are the Atlanta-based 11th Circuit, the New York-based 2nd Circuit, the Colorado-based 10th Circuit and the Cincinnati-based 6th Circuit, explained the report. Only two courts, the 5th and the 8th Circuit, have ruled in Trump’s favor. There are court battles in four other circuits forthcoming.
Meanwhile, there have been a whopping 460 federal judges who have ruled against the administration on more than 10,000 cases involving the detention policies. This compares with 54 judges who have supported the ruling in about 1,100 cases, calculated Politico.
Trump’s mandatory detention policy has faced unprecedented judicial resistance across the federal court system. Federal judges have overwhelmingly rejected the administration’s interpretation of 1996 immigration law, with 460 judges ruling against the policy in more than 10,000 cases compared to only 54 judges supporting it in about 1,100 cases. The 9th Circuit ruling is particularly significant because it covers California, Arizona, Nevada, and Washington—regions with substantial immigrant populations.
The decision marks Trump’s fifth consecutive loss at the appellate level. Only two circuits, the 5th and 8th, have sided with the administration. Legal experts argue Trump misread congressional intent, claiming Congress never intended to mandate detention for all undocumented immigrants regardless of ties to U.S. communities, creating a constitutional conflict between executive power and due process rights.
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