11th Circuit Rules Trump Bond Policy Violates Law

A three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ruled 2-1 on Wednesday that the Trump administration's policy denying bond hearings to immigrants in deportation proceedings violates federal law, escalating a growing split among federal appeals courts on the issue.

The decision reverses lower court rulings in the cases of two Mexican men who had lived in the United States without authorization since 2015 and 2019, respectively. The men were arrested during traffic stops in Florida last September and placed into removal proceedings. Under the Department of Homeland Security policy, implemented in July, such individuals have been denied the opportunity to request bond from an immigration judge, regardless of their time in the country or lack of criminal history.

Previously, noncitizens without criminal records who were not apprehended at the border typically received bond hearings. Bond was often granted if the person posed no flight risk. Mandatory detention had been reserved mainly for recent arrivals. The new approach treats all those in deportation proceedings like border crossers, prompting detainees to file habeas corpus petitions in federal court to...