3rd Circuit Undermines ICE Authority, Blocks Mandatory Detention for Long-Term Migrants
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The U.S. Court of Appeals for the 3rd Circuit has once again sided with noncitizens, ruling against ICE’s efforts to enforce mandatory detention without bond for long-term residents, raising concerns about national security and the erosion of immigration enforcement.
A federal appeals court has delivered another setback to U.S. Immigration and Customs Enforcement (ICE), striking down a policy that allowed the agency to detain migrants—many of whom have been in the country for years—without bond. The 3rd U.S. Circuit Court of Appeals claimed the rule conflicted with the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which separates recent arrivals from those already in the country.
The court argued that, before 1996, only new arrivals were subject to mandatory detention, while those already here could seek bond. By expanding mandatory detention to long-term residents, ICE was allegedly inconsistent with the law’s framework.
"Contrary to the Government's view, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ('IIRIRA') retained two tracks for detention even though it overhauled the procedures for removing noncitizens from the United States," the decision read.
The panel further claimed that the policy violated the Fifth Amendment’s Due Process Clause, extending constitutional protections to noncitizens who have lived in the U.S. for decades, regardless of their legal status.
"Because Petitioners here have lived in the United States for decades, they have 'established connections' in the country and are entitled to due process rights beyond those provided to noncitizens at the border," the court wrote.
This marks the eighth time appellate courts have blocked ICE’s attempts to enforce stricter detention policies, with judges overturning the agency in over 90% of more than 13,000 cases. Critics argue that such rulings undermine ICE’s ability to protect the nation’s borders and enforce immigration law.