In a major win for law-and-order advocates, a federal appeals court ruled Tuesday that individuals held by U.S. Immigration and Customs Enforcement (ICE) are not entitled to bond hearings. The decision addresses ongoing legal challenges to deportation policies implemented under former President Donald Trump, according to Fox News.
The case involved Joaquin Herrera Avila, a Mexican national arrested in Minneapolis last August. Authorities said Avila could not provide valid documentation authorizing his presence in the United States, leading to his detention without bond while facing removal proceedings.
“Massive court victory against activist judges and for President Trump’s law and order agenda,” Attorney General Pam Bondi celebrated after the St. Louis-based Eighth Circuit reversed a lower court’s ruling. The court also determined that many captured illegal immigrants do not qualify for release while awaiting deportation.
The legal debate hinged on whether Avila was “seeking admission” into the United States. The lower court had referenced federal law permitting detention without bond for “an alien who is an applicant for admission [or] seeking admission…” But the Eighth Circuit concluded that because Avila had been living and working in the U.S. for years and did not pursue residency options like naturalization or asylum, he was not legally “seeking admission.”
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