Overview
- The 2-1 ruling, authored by Judge Edith H. Jones, held that unadmitted noncitizens apprehended anywhere in the United States are ineligible for release on bond under the Immigration and Nationality Act.
- Judge Dana Douglas dissented, calling the government’s reading unprecedented and warning it effectively treats the entire country as the border.
- The ruling delivers a significant win for the administration in the Fifth Circuit, even as multiple district courts elsewhere have found the mandatory-detention policy unlawful.
- Federal judges report a surge of habeas petitions, with one Georgia court declaring an 'administrative judicial emergency' and Minnesota logging more than 400 filings in January.
- District judges have ordered remedies such as immediate bond hearings and delayed removals, while plaintiffs cite alleged defiance of a nationwide order by Judge Sunshine Sykes and legal observers anticipate further appeals that could reach the Supreme Court.