New York, NY—The U.S. Court of Appeals for the Fifth Circuit in New Orleans ruled that people in immigration detention have the right to meaningful due process and must receive a bond hearing within 90 days. The decision rejects the Trump administration’s attempt to detain people without having to justify their continued detention before a judge. The 2-1 ruling applies to people held in immigration detention across Texas, Louisiana, and Mississippi – states that collectively detain some of the largest numbers of immigrants in the country. For thousands of people who have been held for prolonged periods without meaningful due process, the decision makes clear that the federal government must justify their continued detention.
Murad Awawdeh, President and CEO, New York Immigration Coalition:
“Every person, no matter where they were born, deserves to be treated with dignity and has the Constitutional right to due process. No one should be deprived of their liberty without a meaningful opportunity to make their case before a judge. We applaud the Appeals Court in this case for reaffirming this fundamental principle and making clear that the government cannot detain people without accountability. At a time when the Trump administration is spending billions of taxpayer dollars to expand and prolong immigration detention for our immigrant neighbors, this decision is a critical reminder that the Constitution still applies. The law is clear: immigrants have the right to ask for a bond hearing. Families belong together, and Americans deserve a government that follows the law.”