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Appeals court upholds Trump administration practice of denying bond to detained immigrants

gavel in a courtroom
Michał Chodyra
/
Getty Images
Gavel in courtroom.

A federal appeals court ruled the Trump administration may continue to detain immigrants without giving them a chance to post bond and get released — going against a lower-court ruling that found the practice illegal.

The ruling comes from the 5th U.S. Circuit Court of Appeals — which has jurisdiction over Louisiana, Mississippi and Texas. Tucson immigration attorney Mo Goldman says immigrants who entered the U.S. illegally have historically been able to get released from detention on bond while their deportation proceedings progress.

“This new view of the law that occurred last year has resulted in a huge increase in the number of people being detained,” he said.

Goldman doesn’t directly impact his clients who are outside of that circuit court’s jurisdiction, doesn’t directly impact his clients who are outside of that circuit court’s jurisdiction.

“I guess a bigger concern is whether they might start to try to move people into Texas and Louisiana, because ICE can pick up people and transfer them into other circuits,” he said.

Goldman the ruling could affect how other courts rule on the issue. In the 2-1 ruling, the judges said that the Trump administration’s policy of detaining immigrants without bond is constitutional. Judge Dana Douglas, the dissenting vote, argued the practice is unprecedented and inconsistent with immigration law.

More Immigration News

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.