The 9th Circuit Court of Appeals ruled 2-1 that the administration misapplied the law, noting that mandatory detention provisions apply only to those apprehended shortly after crossing the border. Judge Daniel Bress, a Trump appointee, wrote for the majority that the government’s broad interpretation would represent a massive, unauthorized shift in immigration policy affecting millions of long-term residents. Shortly thereafter, the 7th Circuit Court of Appeals issued a similar 2-1 decision, characterizing the administration’s legal stance as an illogical reliance on legal fiction to classify settled residents as individuals seeking initial admission.
Aaron Reichlin-Melnick of the American Immigration Council observed that this brings the total to six federal appeals courts ruling against the policy, with only two in favor and three cases still pending. While the dispute appears destined for the Supreme Court, advocates are viewing the current judicial trend as a significant victory for due process. Representative Pramila Jayapal praised the outcome, emphasizing that the decisions uphold the dignity of immigrants who have established deep roots in American communities.




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