Immigrants ask Fifth Circuit to axe mandatory detention policy

Three men who have lived in the U.S. for over a decade urged the full Fifth Circuit to affirm a constitutional right to a bond hearing while fighting deportation, after a three-judge panel had already ruled in their favor in July before the full court voted to rehear the case. The government argues federal law mandates detention for anyone who entered without authorization, regardless of how long they've lived here or whether they pose any danger.

DOJ's Drew Ensign compared the request to a 14-year-old demanding a hearing on safe driving before turning 16, while the immigrants' attorney Rebecca Cassler argued the Constitution requires the government to justify detention against a person's liberty interest regardless of statutory labels. Judges pressed on how courts would measure ties to the U.S., with one calling factors like family and community involvement 'cotton candy.'

The stakes reach well beyond these three men: more than 460 federal judges have found the mandatory detention policy illegal in roughly 20,000 cases, and only the Fifth and Eighth Circuits have sided with the administration while nine other circuits have ruled against it.

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