A United States federal appeals court has ruled that the Trump administration cannot prevent immigrants detained inside the country from seeking release on bond while their immigration cases are ongoing.
The 2-1 decision by the 9th U.S. Circuit Court of Appeals in San Francisco adds to a growing legal challenge against the administration’s policy of mandatory detention for certain immigrants arrested within the United States.
The ruling deepens a split among federal appeals courts, with several courts rejecting the policy, while others, including the 5th and 8th Circuits, have backed the government’s position.
The disagreement could eventually push the matter before the U.S. Supreme Court for a final decision.
The dispute began after immigration officials expanded mandatory detention rules last year as part of President Donald Trump’s broader deportation campaign.
Previously, many immigrants without criminal records who were arrested inside the U.S. could request bond hearings while awaiting the outcome of their cases. Mandatory detention was mainly applied to those detained at the border.
The Trump administration argued that a 1996 immigration law gave authorities the power to hold immigrants without bond beyond the border, but the appeals court rejected that interpretation.
Writing for the majority, Judge Daniel Bress, a Trump appointee, said the long-standing understanding of the law remained the more appropriate interpretation.
The decision was supported by Judge M. Margaret McKeown, appointed by former President Bill Clinton, while Judge Carlos Bea, appointed by former President George W. Bush, dissented, arguing that the law supported the administration’s position.
