This seems significant. From Politico,
Immigration appeals court expands mandatory detention for millions.
“Millions”? Politico reports,
The ruling upends a decades-long understanding of federal law and could subject millions of immigrants to mandatory detention.
And by “immigrants,” Politico is referring to illegal aliens brought before Immigration Court.
The ruling was issued by a body called the Board of Immigration Appeals, which is a unit under the executive branch’s Department of Justice. Politico explains,
Previously, foreigners who entered illegally but could show they had been living in the U.S. for more than two years could ask an immigration judge for release on bond. But the decision Friday from the Board of Immigration Appeals concludes that detention is mandatory for anyone in deportation proceedings who entered the U.S. “without inspection.”
By definition we are dealing with a population known to be here illegally. In Minnesota, I have been tracking several dozen habeas corpus cases where illegal aliens in ICE custody have petitioned in federal district court for release while their Immigration Court cases are proceeding.
The standard in federal court is for presumptive release from custody pending trial. Prosecutors have to show that there is no possible condition or set of conditions (bond, gps monitoring etc) that would ensure the appearance in court of the defendant. Detention is a tough standard to meet in federal court.
On the other hand, the last time I calculated the backlog in Minnesota’s local branch of Immigration Court, it was running north of 18 years (not a typo). As of July 2025, the Minnesota court backlog stands at 39,218 cases.
Something’s gotta give.
But, as for the Board’s latest decision,
The decision is binding on federal immigration courts, the network of executive branch judges who handle routine deportation proceedings and are distinct from the federal judiciary.
More left-wing lawfare to follow.
