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.

This is did not take long. Just like in Germany in 1930, the courts fell in a very straight line with what Hitler wanted. Today Trump is taking his turn.
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When the courts become lawless, as in Nazi Germany, then we are in serious trouble.
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Grant them removed, and grant that this your noise
Hath chid down all the majesty of England;
Imagine that you see the wretched strangers,
Their babies at their backs and their poor luggage,
Plodding to the ports and coasts for transportation,
And that you sit as kings in your desires,
Authority quite silent by your brawl,
And you in ruff of your opinions clothed;
What had you got? I’ll tell you: you had taught
How insolence and strong hand should prevail,
How order should be quelled; and by this pattern
Not one of you should live an agèd man,
For other ruffians, as their fancies wrought,
With self same hand, self reasons, and self right,
Would shark on you, and men like ravenous fishes
Would feed on one another.
[…]
Say now the king,
As he is clement if th’offender mourn,
Should so much come too short of your great trespass
As but to banish you, whither would you go?
What country, by the nature of your error,
Should give you harbor? Go you to France or Flanders,
To any German province, to Spain or Portugal,
Nay, anywhere that not adheres to England,
Why, you must needs be strangers: would you be pleased
To find a nation of such barbarous temper,
That, breaking out in hideous violence,
Would not afford you an abode on earth,
Whet their detested knives against your throats,
Spurn you like dogs, and like as if that God
Owed not nor made not you, nor that the elements
Were not all appropriate to your comforts,
But chartered unto them, what would you think
To be thus used? This is the strangers’ case;
And this your mountainish inhumanity.
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Speech by William Shakespeare, from the play Sir Thomas More
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Speech by William Shakespeare from the play Sir Thomas Moore:
Grant them removed, and grant that this your noise
Hath chid down all the majesty of England;
Imagine that you see the wretched strangers,
Their babies at their backs and their poor luggage,
Plodding to the ports and coasts for transportation,
And that you sit as kings in your desires,
Authority quite silent by your brawl,
And you in ruff of your opinions clothed;
What had you got? I’ll tell you: you had taught
How insolence and strong hand should prevail,
How order should be quelled; and by this pattern
Not one of you should live an agèd man,
For other ruffians, as their fancies wrought,
With self same hand, self reasons, and self right,
Would shark on you, and men like ravenous fishes
Would feed on one another.
[…]
Say now the king,
As he is clement if th’offender mourn,
Should so much come too short of your great trespass
As but to banish you, whither would you go?
What country, by the nature of your error,
Should give you harbor? Go you to France or Flanders,
To any German province, to Spain or Portugal,
Nay, anywhere that not adheres to England,
Why, you must needs be strangers: would you be pleased
To find a nation of such barbarous temper,
That, breaking out in hideous violence,
Would not afford you an abode on earth,
Whet their detested knives against your throats,
Spurn you like dogs, and like as if that God
Owed not nor made not you, nor that the elements
Were not all appropriate to your comforts,
But chartered unto them, what would you think
To be thus used? This is the strangers’ case;
And this your mountainish inhumanity.
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Here is a apropos article by Thom Hartmann that highlights “the mountainish inhumanity.”https://www.commondreams.org/opinion/why-isn-t-news-of-trump-building-vast-concentration-camps-being-treated-as-a-national-emergency
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You really love that cheap labor, dont you. You love to make it all about diversity etc etc and race, but its really all about the cheap labor. How dare American citizens expect proper wages!
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Undocumented immigration has a less than zero net effect on employment of U.S. citizens. Economists know this. Trumpanistas don’t because they don’t bother to learn a damned thing about these topics. Their racism is sufficient warrant to them.
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Why did President JFK write a book called A NATION OF IMMIGRANTS?
Why did President George w. Bush publish his paintings of immigrants?
Are you descended from Native Americans, Linton?
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As some have warned, rights are often surrendered in moments of fear. After 9/11, we created DHS with broad new powers because the country was scared. During the drug war, civil asset forfeiture expanded, and people lost property without being convicted of a crime. History shows that when fear drives policy, civil liberties are often the first casualty.
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If only Democrats hadn’t increased ICE funding every year they’ve been in power since the creation of DHS. If only they would have agreed to restrictions on ICE. Maybe defunding isn’t such a bad idea after all.
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That’s actually not true. Biden funded ICE at $8-10 Billion per year
Trump’s One Big Ugly Bill included an additional $75 billion for ICE over 4 years.
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Basic logic, here, Diane. Just because Trump increased ICE funding in his second term over Biden’s term doesn’t mean that Biden didn’t increase ICE funding over Trump’s first term, which, in fact, he did. Be could have decreased it, but he increased it. He could have implemented restrictions. He didn’t. Basic facts.
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Basic facts, Dienne.
ICE funding was about $8-9 billion a year under Biden.
Trump increased ICE budget by an additional $75 billion over 4 years.
2018
~$7.45 billion
Post-Trump’s first budget (enacted).
2019
~$7.91 billion
Continuing growth in Trump’s first term.
2020
~$8.40 billion
FY 2020 enacted appropriations.
2021
~$8.35 billion
FY 2021 enacted — the year Trump left office; ICE’s appropriation was roughly stable at this level.
2022
~$8.26 billion
Slight decrease from 2021.
2023
~$8.42 billion
Slight increase again.
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Where did you get those numbers? What I’m seeing is that ICE funding increased in the early years of Trump’s first term, then leveled off, then increased again under Biden.
https://x.com/i/status/2020076108029521984
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There were increasing ICE funding during the Biden administration but there was also a historic rise in immigration, both legal and illegal.
As Joe Jersey wrote, Biden did not send ICE into cities, farms, and Walmart parking lots to apprehend immigrants.
From NPR:
https://www.npr.org/2026/01/21/nx-s1-5674887/ice-budget-funding-congress-trump
There must be border control. People need to apply and be vetted. Every country controls its borders. Our immigration system has been broken for years. When people try to enter legally, following every required step, it can take years to get papers and eventually a green card, then citizenship.
Biden wanted to increase the number of immigration judges so immigrants could be intrviewed and their applications reviewed in months, or even weeks, not years.
A bipartisan group of Senators worked out an agreement to fix the system in 2024, but Trump told them not to pass it because he planned to make immigration a central issue in his campaign.
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New York Times:
“The immigration surge of the past few years has been the largest in U.S. history, surpassing the great immigration boom of the late 1800s and early 1900s, according to a New York Times analysis of government data.
“Annual net migration — the number of people coming to the country minus the number leaving — averaged 2.4 million people from 2021 to 2023, according to the Congressional Budget Office. Total net migration during the Biden administration is likely to exceed eight million people.
“That’s a faster pace of arrivals than during any other period on record, including the peak years of Ellis Island traffic, when millions of Europeans came to the United States. Even after taking into account today’s larger U.S. population, the recent surge is the most rapid since at least 1850:
A historic boom in immigration
Average annual change in the foreign-born population, as a share of the total U.S. population
“A bar chart showing the average annual change in the foreign-born population as a share of the total U.S. population. The change is high in the 1850s with 190,000 net immigrants per year, or 0.6% of the total population. The change then declines from the 1860s to 1920s. From the 1930s to 1960s the foreign-born population shrank. Then from the 1970s the population grows and from 2020 to 2023 it reaches a new high, with 2 million net immigrants per year, or 0.6% of the total population.
A historic boom in immigration
Average annual change in the foreign-born population, as a share of the total U.S. population
I do not call for the elimination of ICE and the Border Patrol. I don’t believe in open borders.
We need immigrants who will make a contribution to their communities.
ICE and BP should have their missions redefined, so that they do not act like Trump’s Gestapos. They should not wear masks. They should be trained never to use their weapons unless their life is in danger.
They should use de-escalation techniques. They should treat people with respect.
I’m all in favor of deporting “the worst of the worst.”
I oppose terrorizing immigrants and citizens.
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Okay, so you didn’t really cite your numbers. The fact remains that Biden increased ICE funding by about 25% during his term. If I were worried about a totalitarian dictator taking over, I think I would dismantle the Gestapo, not increase it, but Democrats were too busy trying to outflank Republicans from the right, which is always stupid because if people want Republicans, they’ll vote Republican.
And the “more training” issue is risible. All the agents who have killed people are long-term veterans. One was even a trainer. The fact is, ICE is trained to do exactly what they’re doing, which is what they’ve been doing since they were created in 2003 and they’ll go on doing it until they are disbanded. That’s what happens when you have armed men guarding imaginary lines on the ground that separate “us” from “them”.
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Given the dramatic surge in undocumented immigrants during Biden’s term, he needed to spend more money on immigration agents and Border Patrol.
But his relatively modest increases were a reasonable response to changing conditions.
Biden did not fund “the Gestapo.” Trump did that.
ICE now has more funding than any other law enforcement agency, thanks to the $75 Billion addition in Trump’s 2025 budget.
Biden never sent ICE to cities and farms to drag immigrants out and deport them.
Do you think we should have open borders?
I don’t.
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Yes, I do think we should have open borders. I believe in freedom. Why don’t you? You like having armed men guarding imaginary lines? Defend that.
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No, I don’t believe in open borders.
Every nation has border control.
I believe that every immigrant should enter the country legally.
Reagan gave amnesty to undocumented immigrants.
I believe that immigrants who have been here for years, never committed a crime, and are upstanding members of their community, should qualify for amnesty.
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I missed the part where the Democrats sent ICE members into GOP cities or states to act as a goon squad against the general public? Comparing Biden to Trump is absolutely ludicrous. Oh wait, they are both featherless bipeds, case closed.
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Trump could shoot someone on Fifth Avenue and Trump defenders would immediately try to shut down all criticism of Trump and place the blame squarely where they are positive it belongs: “if only Democrats had banned guns….”
There are so many good democratic socialist politicians now who are also Democrats, like Mamdani and AOC. Not afraid to criticize Dems but also understanding that Trump and the entire Republican party are a real danger to progressives, social democrats, and democracy itself. They aren’t afraid to criticize Trump and they certainly are not admirers of Putin, and they don’t blame Dems for everything bad that Trump does.
It’s weird to see someone come on here who criticizes and insults Diane Ravitch more than they criticize Trump!
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Trump and Putin are both evil. Anyone who defends either of them, is an idiot or a tool.
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Trump and Putin are both evil. Anyone who defends either of them, is an idiot or a tool.
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Interesting how you left off Nutandyahoo who is currently committing genocide, along with every U.S. administration that has armed, funded and enabled them, which, incidentally is a large part of why we have Trump. Numerous studies and polls show that all Harris had to do to win was support an arms embargo. But genocide was apparently more important than defeating a totalitarian dictator.
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I wrote about genocide in the 20th century. Not throughout all history. Otherwise I would have included the genocidal policies by Americans against indigenous peoples.
There were many genocides that I did not mention. Such as, Argentina’s “conquest of the desert” in the late 19th century, which meant the extermination and enslavement of indigenous people.
I have repeatedly criticized Israel’s killing of innocent civilians. I called for a ceasefire long ago, as if anyone cared what I said.
When you expressed zero outrage about the massacre of Israelis in October 7, I realized that you are an anti-Semite.
Dienne, drop it. Complain about Israel somewhere else. There are many forums that would welcome you.
Stick to defending Putin.
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For years, I have mostly avoided reading and responding to her posts. That’s because I thought it was a waste of my time, since it has long looked to me like her purpose here is to prove us all wrong as in, “I’m part of today’s In-Crowd and we are smarter than the teachers and parents on this blog, so I’m going to teach those damn DEI supporting people a thing or two!”
Yep, waste of time…
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ECE,
You are wiser than me.
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People living in their bubbles and being impervious to other perspectives is how we got here. Maybe had liberals/Democrats listened to the left we wouldn’t have Trump.
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Diane,
You are a lot more patient with trolls than I am –which is very admirable since you have the power to block them. (I don’t think the regulars would blame you if you did decide to block someone who harasses you.)
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Also, I lived in Israel and I’ve mentioned my distaste for the walls that were erected there, which I never the less understand because they were built to stop the upsurge of terrorist attacks. Plus Diane and I both knew an American teacher who was killed there due to that (which occurred before the walls were added).
Additionally, Diane and I have both written about our support of a two-state solution to the Israeli-Palestinian conflict, so this poster’s insinuations that we blanketly believe in and support everything about Israel and nothing about Palestine is a HUGE inaccuracy.
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“Maybe had liberals/Democrats listened to the left we wouldn’t have Trump.”
I listened to the left – I listened to Bernie Sanders and AOC, who were two of the first people to strongly endorse re-electing Biden.
I think this person is under the very odd misapprehension that “the Left” means random Putin propagandists like the Australian Caitlin Johnstone, whose essays remarkably mirror what our resident Trump/Putin defender writes. That segment of “the left” has more in common with Tucker Carlson and his fans than AOC and Bernie.
If someone is eager to excuse Trump’s authoritarian and anti-democratic actions, it’s certainly possible to invoke some random Putin /Trump-defending leftist and say that the Putin/Trump-defending leftist should be listened to. Just like she should follow her own advice and start listening to credible people on the left who don’t excuse Trump, Putin, and Assad’s most egregious actions by blaming them on someone else.
It’s revealing that she’s often here objecting to Diane Ravitch’s absolutely true posts condemning an abhorrent action taken by Trump or Putin. She seems more outraged by those who criticize those two men than she is outraged by their authoritarian, anti-democratic actions.
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You listened to Bernie Sanders? So, you mean you now support Medicare for All and minimum wage increase and all the things you excoriated him for 10 years ago? When did that change of mind take place and what changed your thinking? LOL.
So funny (not ha ha) how you libs pretend to support Bernie and AOCIA as long as they sheepdog for the Democrats but turn on them any time they advocate for anything that would actually help people. So transparent.
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Dienne,
I have always supported a higher minimum wage and Medicare for All.
Sorry.
I supported Hillary in 2016 because I believed she would be a great President. I still think so.
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NYC public school parent, I’m with you! And for the same reasons! Also because we are rational thinkers who’ve been given pretzel logic to decipher. That basically means the truth has been distorted in order to justify personal beliefs. She does that a lot, too, so you need not waste your time any further trying to make sense of what is actually a a lot of nonsense.
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