A US Court of Appeals has the ability of the government to act US–President Donald Trump regarding the Imprisonment von immigrants during her deportation procedure restricted. As the responsible court in New Orleans ruled on Thursday (local time) with a vote of two to one, migrants are therefore allowed no longer than 90 days detained without being granted a bail hearing.
The judges based the decision on the US Constitution, which guarantees everyone within the country’s borders the right to a hearing if their personal freedom is deprived. The decision could affect thousands of people detained by the US immigration agency ICE in states such as Texas and Louisiana.
The Supreme Court should finally resolve the dispute
The US Department of Homeland Security said it rejected the ruling and was confident in its legal position. The agency also noted that the government last week asked the Supreme Court to review a similar decision by another appeals court. The background to the legal dispute is a change in the interpretation of immigration laws by the Department of Homeland Security last year.
Accordingly, foreigners who are staying in the country are legally treated like people who have just arrived at the border. They are therefore subject to mandatory detention while their cases are heard in immigration court and are not entitled to a bail hearing. Since the US appeals courts are divided on the question of whether this interpretation of the law is legal, the Supreme Court should now finally resolve the dispute.
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