Judges May Have Found a Way to Bypass 5th Circuit Ruling Upholding Trump’s Mass Detention Policy

Federal judges may have found a workaround to reject the Trump administration’s mass detention policy after an appeals court backed the approach.

A three-judge panel of the 5th Circuit Court of Appeals on Friday blessed the administration’s interpretation of the government’s power to systematically detain people targeted for deportation — even if they have no criminal records and have lived in the country for decades.

But two federal district court judges in Texas, who are bound by the New Orleans-based 5th Circuit’s ruling, said the 2-1 decision left an opening for them to continue granting immigrants’ release on other grounds, primarily constitutional arguments against detaining people who have established roots in the U.S. without due process. Those roots amount, in legal parlance, to a “liberty interest” that the Constitution says cannot be taken away without at least a hearing before a neutral judge.

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Judge David Briones, an El Paso-based Clinton appointee, reached a similar conclusion.

“The Court reiterates its original holding that noncitizens who have ‘established connections’ in the United States by virtue of living in the country for a substantial period acquire a liberty interest in being free from government detention without due process of law,” Briones wrote.

The decisions from the Texas-based judges are notable in part because the administration has often rushed detainees there after their arrests in other states such as Minnesota.

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