Trump scores 'massive court victory' with appellate ruling on ICE detention
Illegal immigrants nabbed by ICE do not have to face bond hearings, a step that has become a potential legal impediment to President Donald Trump’s mass deportation agenda, a second...
By Fox News · Fox News
Illegal immigrants nabbed by ICE do not have to face bond hearings, a step that has become a potential legal impediment to President Donald Trump ’s mass deportation agenda, a second federal court found Wednesday. The case involved Mexican national Joaquin Herrera Avila, who was captured in Minneapolis in August and failed to produce legal credentials authorizing his admission to the U.S. He was detained without bond and faced removal proceedings . "Massive court victory against activist judges and for President Trump’s law and order agenda," Attorney General Pam Bondi said after the St. Louis-based Eighth Circuit reversed a lower court’s ruling and deemed many captured illegal immigrants ineligible for such chances to be released. TOP US COURT HANDS TRUMP A WIN ON DEPORTATIONS AS SCOTUS CHALLENGE LOOMS A district court in Minnesota granted Avila’s petition for habeas corpus, or to challenge the legality of his detention, which the Trump administration challenged. "We reverse and remand [that ruling] for proceedings consistent with this opinion," the Eighth Circuit ruled Wednesday in a split decision, with George W. Bush -appointed Judge Bobby Shepherd of Arkansas writing for the majority. Shepherd wrote that the district court relied on federal law allowing detention without bond for "an alien who is an applicant for admission [or] seeking admission …" while considering Avila to be no longer seeking formal admission because he had resided and worked in the U.S. for many years. But, Avila did not seek further residency status such as naturalization or asylum, according to the court, which ruled that aspect proved he was not "seeking admission" in a legal sense. "The Eighth Circuit has held that illegal aliens can be detained without bond — following a similar ruling from the Fifth Circuit last month. The law is very clear, but Democrats and activist judges haven’t wanted to enforce it. This administration will," Bondi said. "Imagine how many illegal alien crimes co…