Fifth Circuit Court of Appeals Overrules Lawless Lowly District Court Judges, Rules that Illegal Aliens May Be Held Without Bond While They Fight Their Deportation Orders

The left prefers that the be released on bond, so they can simply abscond and never show up for any deportation hearings. They stay in the US perpetually just by the left releasing them every time they're caught by immigration agents. They just find a new place to live and slip into "the shadows" again, as our left-wing friends the Bushes like to say.

The Fifth Circuit ruled on Friday that illegal aliens have no right release from detention. They can file their worthless objections using the scripted lies that open borders advocates teach them to say, but they'll do that while cooling their heels in stir.

Or they can just leave the country. Their choice.

CBS:

A federal appeals court on Friday endorsed the Trump administration's policy of holding broad groups of immigration detainees without access to bond hearings, a major legal victory for President Trump and his deportation crackdown.

In a 2-1 decision, a panel of federal judges at the 5th Circuit Court of Appeals said the Trump administration had properly reinterpreted an immigration law last year to disqualify many unauthorized immigrants arrested by Immigration and Customs Enforcement from being able to ask an immigration judge to be released on bond.

Previously, immigrants who had lived in the U.S. unlawfully for years were generally eligible for bond hearings, and the opportunity to persuade an immigration judge that they were not flight risks and should be allowed to fight their deportation outside of a detention center. Mandatory detention had been historically limited to recent border crossers and those convicted of certain crimes.

But the Trump administration took the position that anyone who entered the U.S. illegally, irrespective of how long ago, is subject to mandatory detention during their deportation proceedings. The only mechanism for release under that policy was if ICE decided to parole them out of custody on humanitarian or public interest grounds.

The seismic policy change has led ICE to indefinitely hold detainees who entered the U.S. illegally years or even decades ago and who previously would've been eligible for bond, including those without criminal records.

The mass detention policy has been challenged in federal courts across the country, straining the resources of government lawyers. Most judges have found the policy to be illegal.

But the 5th Circuit panel disagreed and upheld the Trump administration's legal position, reversing two lower court orders.

The majority opinion -- penned by Reagan-nominated Judge Edith Jones and backed by Trump-nominated Judge Stuart Kyle Duncan -- sided with the Trump administration's view that federal law provides for mandatory detention of large numbers of unauthorized immigrants who were apprehended in the interior of the U.S. and deemed "applicants for admission."

"The text says what it says, regardless of the decisions of prior Administrations," the opinion read. "...In any event, that prior Administrations decided to use less than their full enforcement authority...does not mean they lacked the authority to do more."

...

Judge Dana Douglas, a Biden nominee, dissented from the majority opinion. She wrote that the government's claim that the law calls for mandatory detention ignored "historical precedent" and "wave[d] away" the fact that prior administrations hadn't sought to detain people without bond en masse.

"And for what?" writes Douglas, arguing that the majority opinion was "based on little more than an apparent conviction that Congress must have wanted these noncitizens detained -- some of them the spouses, mothers, fathers, and grandparents of American citizens."

This is all the left does. The fact that they are "spouses, mothers, fathers, etc." is not a legal argument. It's not a logical argument of any kind. It is simply a petulant, child-like demand for the reader's sympathy and a claim that they should be allowed to break the law at will because they are "spouses, mothers, fathers, etc."

The left's other argument is that because previous presidents, like Obama, Biden, and of course the Bushes, let illegals remain in the country while they file frivolous objections to deportation, all future presidents are bound by their non-legislative policy choices.

Weird how the right's policy choices never become stealth law and precedent binding all subsequent presidents. Just the left's.

In fact, these illegals seem to be arguing that while they are, in fact, subject to detention awaiting final deportation orders, they should be "eligible for discretionary release" by the Executive. And they're demanding a judge force the executive to grant them discretionary release.

Hm, in that case, it sounds like the judiciary is usurping the elected President's power to grant release under his own discretion.

If affirmed by the Supreme Court, this would become national law and greatly aid Trump in speedily deporting illegal aliens, or giving them the choice of sitting in ICE detentions for months and months or just leaving the country.

posted by Disinformation Expert Ace at 01:43 PM

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