The Fifth Circuit Court of Apoeals ruled in favor of Trump’s deportation policy, even for immigrants who had committed no crimes and lived in this country for decades. In a split decision, 2-1, the Court gave Trump a victory in his efforts to remove immigrants.
A federal appeals court Friday night backed the Trump administration’s policy to lock up the vast majority of people it is seeking to deport without offering a chance for bond, even if they have no criminal records and have resided in the country for decades.
A divided three-judge panel of the 5th Circuit Court of Appeals concluded that the administration’s view — a reversal of every administration’s position for the last 30 years — is the correct interpretation of the federal government’s power to detain people targeted for deportation.
“That prior Administrations decided to use less than their full enforcement authority … does not mean they lacked the authority to do more,” Judge Edith Jones, a Reagan appointee, wrote for the 2-1 majority.
The matter could soon be headed for Supreme Court consideration.
Immigration and Customs Enforcement adopted a new view of the law in July, prompting an explosion of arrests and detentions — and a flood of lawsuits from detainees who argued that they were illegally locked up without due process.
The vast majority of judges across the country have rejected the administration’s approach. A POLITICO review of thousands of ICE detention cases found that at least 360 judges rejected the expanded detention strategy — in more than 3,000 cases — while just 27 backed it in about 130 cases.
Jones was joined in the decision by Judge Kyle Duncan, a Trump appointee. Judge Dana Douglas, a Biden appointee, said in a dissent that the panel’s view would require the detention of as many as 2 million immigrants residing in the United States without bond — “some of them the spouses, mothers, fathers, and grandparents of American citizens.”
So, it seems that the brutal tactics of ICE have won approval by the Fifth Circuit Court of Apoeals. The masked men may continue to break into homes, smash car window, and handcuff their prey, without due process, even though most of those they arrest have not committed crimes, and some are American citizens. It’s not the “worst of the worst” that Trump is deporting but people who are gainfully employed, who contribute to their communities, and who are good neighbors. Their “crime” is that they have not been able to master the maze of attaining citizenship.
Several years back, I employed a handyman who was very responsible and efficient. He was from Guatemala. He was very active in the local Catholic Church. He was a good worker on construction jobs, and his employer paid him $25 an hour. He did not have papers. I called an immigration lawyer and asked if I could help Jose get papers. He said “the only way you can help him get papers is to marry him. There is no other way.”
The problem was that I was married already, and so was Jose. Two years ago, Jose went home to Guatemala. His timing was excellent.
