Court limits ICE's prolonged detentions of immigrants, requires bail to be offered after 90 days

A federal appeals court ruled Thursday that immigration authorities cannot indefinitely detain immigrants while their deportation cases are pending.

In a split decision (2-1), the U.S. Fifth Circuit Court of Appeals ruled that Immigration and Customs Enforcement (ICE) must offer detainees the opportunity to apply for bail after 90 days of detention. The ruling benefits immigrants detained in states under its jurisdiction, primarily Texas and Louisiana.

Due Process Clause as the basis for the ruling

According to a report by Fox News, Judge Leslie Southwick, who authored the majority opinion, noted that the Due Process Clause of the Constitution protects every person on U.S. soil, regardless of their immigration status.

"It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken," Southwick noted.

Criticism of the ruling and DHS response

Judge Cory Wilson, in his dissenting opinion, criticized the decision, arguing that the majority downplayed the broad authority the Constitution grants to Congress in immigration matters.

The Department of Homeland Security (DHS) expressed its disagreement with the ruling and stated that it remains "confident in its legal position regarding mandatory detention."