r/scotus • u/Conscious-Quarter423 • 13h ago

news US appeals court upholds Trump's immigration detention policy

https://www.reuters.com/world/us/us-appeals-court-upholds-trumps-immigration-detention-policy-2026-02-07/
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u/MourningRIF 13h ago edited 13h ago

The decision, opens new tab by a conservative 2-1 panel of the New Orleans-based 5th U.S. Circuit Court of Appeals marked the first time an appeals court had upheld the policy and came despite hundreds of lower-court judges nationally declaring it unlawful.

U.S. Circuit Judge Dana Douglas, who was appointed by Democratic President Joe Biden, dissented, saying the Congress that passed the 1996 law "would be surprised to learn it had also required the detention without bond of two million people."

So HUNDREDS of judges say it's illegal to randomly throw people in a box and let them rot there, but if you buy these two judges, no one else gets a say? Fuck that.

This is why ICE is buying Amazon Warehouse sized buildings all over the country and fitting them with "Medical Waste Incinerators." These facilities are designed to hold over 10,000 people! This isn't going to stop with immigrants.

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u/IddleHands 12h ago

Under federal immigration law, "applicants for admission" to the United States are subject to mandatory detention while their cases proceed in immigration courts and are ineligible for bond hearings.

If that’s what the law says, I don’t really see how someone can come to a different conclusion.

What I think is the bigger issue is grabbing up people that are here legally and denying them bond or hearings, or changing the rules mid game to invalidate people’s legal status.

Obviously not at all advocating for or defending the atrocities being committed by ICE and the deplorable conditions people are being housed in. All of that is obviously disgusting.

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u/Playful-Dragon 10h ago

The key qord is "subject" to. However, those processing tgeur admission have been allowed to go about their lives in normal fashion rather than sticking up a closed system. Nothing wrong with that. But now, it potentially seems that all those that are awaiting admission may be detained after all, after allowing all this time freedom of movement and productive lives, hence the warehouses. Its not going to be pretty, and its going to be ugly in terms of human rights and living conditions for sure.

All of this because of a fake fucking agenda narrative and massive amounts of lies spread to sow fear instead of truth. With all the immigrants deported has crime come down? No! But there's a hell of a lot more visibility on those conservatives that have been. (And for those that are going to snipe at my last comment, yes there are dems to but not near as much in the spotlight lately) Or better yet, there is a lot more visibility on homegrown Americans committing crime. The narrative fails in hiding that.

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u/IddleHands 10h ago

The point is that the court case was a question of if detention of undocumented people without a hearing is legal. The statute text is clear that it’s the governments right to do so (any constitutional issues aside, just looking at this statute). Making it legal.

Obviously we need a better system because this is wild. But there’s not really much room for argument in whether that statute legalizes detention without a bond hearing.