Illegal aliens do not have due process rights that entitle them to bond hearings during deportation proceedings, according to a pivotal ruling from the Fifth Circuit Court of Appeals.
The Trump administration has been fast-tracking removal proceedings in order to fulfill the president's promise of mass deportations.
'Big win in the Fifth Circuit on mandatory detention for illegal aliens, a principle codified in 1996 legislation but ignored by the deep state for decades.'
That effort got a significant boost from a split ruling Friday that found illegal immigrants are not due their Fifth Amendment rights because they have not been admitted into the United States.
The lawsuit arose out of the detentions of three illegal aliens in Texas who were refused a bond hearing. None had criminal histories, according to the American Immigration Council.
Judge Cory Wilson wrote the majority opinion in the 10 to 7 ruling.
"Because Petitioners have never been admitted to the United States, due process does not entitle them to additional proceedings beyond what Congress has provided before they may be detained pending removal," Wilson wrote.
"Big win in the Fifth Circuit on mandatory detention for illegal aliens, a principle codified in 1996 legislation but ignored by the deep state for decades," responded James Percival, the general counsel for the Department of Homeland Security.
Politico called it the "most consequential ruling yet" in support of the president's deportations plan.
The American Immigration Council called the decision an "affront" to the Constitution.
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"The principle at stake here is simple: If the government wants to detain someone, it has to explain why depriving them of their liberty is necessary," said AIC litigation attorney Rebecca Cassler.
"And anyone who is detained has the right to ask a judge for review of that detention. Instead, this ruling allows the government to lock people up when detention plainly serves no purpose, and without any way to challenge it," she added.
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