Tuesday, May 12, 2026

6th Circuit panel strikes down Trump admin detention policy

The court said law-abiding residents who have deep community ties have stronger constitutional protections than those who are detained at the border.

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... The Trump administration cannot detain long-term immigrant residents without a bond hearing, a federal appellate court panel ruled Monday.

In a 2-1 ruling, a Sixth Circuit panel said the administration cannot treat immigrants who have lived in the U.S. for years the same as it treats individuals who are picked up while attempting to enter the country.

U.S. Circuit Judges R. Guy Cole and Eric Clay, both Bill Clinton appointees, upheld a lower court's ruling that noncitizens who entered the U.S. without inspection but have resided in the country for years are not subject to mandatory detention. Instead, they must be processed under permissive detention, which grants them the right to a bond hearing

"To hold otherwise would subject long-term law-abiding residents in the United States, such as petitioners, to the hardship of mandatory detention without due process," Clay, writing for the majority, said in the order. ...


#1 | Posted by LampLighter at 2026-05-12 02:35 PM

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