US Appeals Court Limits Detention Pending Deportation to 90 Days

Background: Reinterpretation of Immigration Laws

Under the new ruling, affected individuals may in the future no longer be held beyond 90 days without a bond hearing. Such a hearing allows a decision to be made on release in exchange for bail. Persons subject to mandatory detention had no claim to such a proceeding under previous practice.

The decision could affect thousands of people currently incarcerated by the US immigration agency ICE in states such as Texas and Louisiana. According to court records, ICE has taken thousands of individuals into detention pending deportation in recent years.

Reactions and Outlook

The US Department of Homeland Security stated that it rejects the ruling and is convinced of its own legal position. It has also asked the Supreme Court for clarification regarding a similar decision by another US appeals court.

Since the US appeals courts are divided on the question of the legality of this interpretation, the Supreme Court is expected to ultimately issue a binding decision on the dispute. The Department of Homeland Security had already requested review of a comparable decision by the highest court the previous week.

Significance for Ongoing Deportation Proceedings

Observers see the ruling as a significant defeat for the government's deportation policy. The judges made clear that constitutional minimum standards also apply to foreign nationals who are present in the interior of the country and whose deportation has not yet been completed.

The ruling was issued on Thursday (local time) by a vote of two to one. It follows a phase of intensified detention pending deportation under the Trump administration, during which authorities had increasingly relied on continuous incarceration without bond hearings.

Critics of the previous practice had warned that incarceration without any prospect of a timely review of the basis for detention would be constitutionally untenable. They see themselves vindicated by the decision from New Orleans. Supporters of the strict approach argue that mandatory detention is necessary in order to carry out deportations effectively.

The next steps now lie with the Department of Homeland Security and the Supreme Court. Until a final decision is reached, the practice of detention pending deportation in the affected states is likely to be subject to substantial legal restrictions.