The opinion from a panel of the 8th Circuit Court of Appeals in St. Louis overturned a lower court ruling that required that a native of Mexico arrested for lacking legal documents be given a bond hearing before an immigration judge.
It’s the second appeals court to rule in favor of the administration on this issue. The 5th Circuit in New Orleans ruled last month that the Department of Homeland Security’s decision to deny bond hearings to immigrants arrested across the country was consistent with the Constitution and federal immigration law.
Both appeals court opinions counter recent lower court decisions across the country that argued the practice is illegal.
Attorney General Pam Bondi hailed the appeals court ruling, writing in a social media post: “MASSIVE COURT VICTORY against activist judges and for President Trump’s law and order agenda!”
At question is the issue of whether the government is required to ask a neutral judge to determine whether it is legal to imprison someone.
It's based on the habeas corpus, which is a Latin legal term referring to the constitutional right for people to legally challenge their detention by the government.
Illegals have filed more than 30,000 habeas corpus petitions in federal court alleging illegal detention since Trump took office, according to a tally by The Associated Press. Many have succeeded.
