Ninth Circuit Rejects Trump's No Bail Immigration Detention Policy

• The Ninth Circuit Court of Appeals has rejected the former Trump administration's policy of detaining immigrants without bail.
• The decision applies to immigrants who are caught in the interior of the country and does not apply to those arrested at or near the border.
• Immigrants detained while trying to cross the border will continue to be held without bail, but those apprehended elsewhere may now have access to bond hearings.

In a significant ruling, the Ninth Circuit Court of Appeals has rejected the former Trump administration's policy of detaining immigrants without bail. The decision, which upholds a lower court ruling, applies to immigrants who are caught in the interior of the country and does not apply to those arrested at or near the border. This means that immigrants who are detained while trying to cross the border will continue to be held without bail, but those who are apprehended elsewhere may now have access to bond hearings.

The Ninth Circuit's decision turns on its interpretation of two sections of the Immigration and Nationality Act (INA): Section 1226, which requires bail to be set for immigrants detained in the interior, and Section 1225, which does not require bail for those apprehended at the border. The former Trump administration had argued that all 'unadmitted aliens' - those here illegally - should be subject to mandatory detention under Section 1225. However, the Ninth Circuit panel determined that this interpretation is inconsistent with ordinary language usage and that Congress did not intend to detain immigrants without bail in the interior.

The Ninth Circuit's decision has significant implications for detained immigrants who may now have access to bond hearings. According to plaintiffs' attorney Matt Adams, this means that many detained people in removal proceedings will be able to return to their families and work during lengthy immigration proceedings. This is particularly important given the Department of Justice's failure to comply with a lower court order requiring them to first file a habeas petition to enforce the district court judgment.

Lawyers representing detained immigrants should be aware of the Ninth Circuit's decision, which may allow their clients to access bond hearings and potentially return to work during lengthy removal proceedings.

Source: Original reporting via Courthouse News Service