In a significant win for the nation, a divided 5th Circuit panel affirmed the Trump administration’s authority under immigration law to mandate detention without bond for unadmitted aliens arrested anywhere in the U.S., regardless of residency duration. Supporting the decision, Judge Edith H. Jones wrote that prior lax enforcement doesn’t limit current authority.
Responding to the situation, AG Pam Bondi hailed it as a victory against activist judges. However, Dissenting Judge Dana M. Douglas argued it would detain millions, including family members of citizens, surprising Congress’s original intent. Nevertheless, the ruling reverses lower courts and affects interior apprehensions, boosting mass detention amid ongoing deportation efforts.
Attorney General Pam Bondi stated, “The Department of Justice (DOJ) secured yet another crucial legal victory in support of President Donald Trump’s immigration agenda,” celebrating the major decision, which will pave the way for further deportations.
“The Fifth Circuit just held illegal aliens can rightfully be detained without bond — a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn,” she later added on social media.
Concluding her comments, the AG noted, “Thank you to Ben Hayes, who argued this case, Brett Shumate, and the @DOJCivil Division. We will continue vindicating President Trump’s law and order agenda in courtrooms across the country.”
Writing the majority opinion, Circuit Judge Edith H. Jones explained, “Unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States.”
“That prior Administrations decided to use less than their full enforcement authority under [the law] does not mean they lacked the authority to do more,” she added, slamming the Biden administration for its weak leadership.
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However, the woke Circuit Judge Dana M. Douglas dissented, saying, “the members of Congress who passed the Immigration and Nationality Act roughly 30 years ago would be surprised to learn it had also required the detention without bond of two million people,” adding that those detained are “the spouses, mothers, fathers, and grandparents of American citizens.”
Reacting to the situation on X, a legal expert stated, “The majority read the statute’s text. The dissent is basically an emotional appeal (“…some of them the spouses, mothers, fathers, and grandparents of American citizens”).”
“You can not have a country’s interpretation of their laws based on some judge’s ‘feelings.’ ” It’s insane that some people think it can,” he said. “If you don’t like the law as written, vote for people who can change it.” Until then, if you’re a judge – ESPECIALLY if you’re a judge, just read what it says and rule based on that.”
Another response read, “This is a MASSIVE decision. You know how @kyledcheney has been rabid posting about all these decisions that have been coming down against the admins policy on detention? Well this was an appeals court, and it portends trouble for the open borders crowd.”
Watch an anti-Trump judge freak out about President Trump on CNN here: