Fifth Circuit Has New Legal Idea, It Is That Any Non-Citizen Can Be Locked Up Forever A three-judge panel from the Fifth Circuit Court of Appeals has issued a ruling that reinterprets federal immigration law, potentially allowing for the mandatory detention of any immigrant, regardless of their circumstances. This interpretation contradicts the understanding held by five presidents, immigration attorneys, federal agencies, and a vast majority of federal judges, including Trump appointees, who have previously ruled against this expanded detention strategy. The article describes the dire conditions in detention centers and the significant backlog this interpretation could create in federal courts.

• A recent Fifth Circuit Court of Appeals ruling suggests a new interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
• This new interpretation could classify millions of individuals present in the U.S. without legal admission into a category subject to ‘mandatory detention,’ previously reserved for ‘arriving aliens.’
• This contradicts the understanding and practice of immigration law by numerous presidents, legal professionals, and the federal government since 1996.
• The ruling has been rejected by at least 360 judges in over 3,000 cases, with only 27 judges siding with the expanded detention strategy in approximately 130 cases.
• Even Trump appointees have largely rejected the government’s argument for expanded detention.
• The article provides an example of an Irish immigrant detained for 20 years, living in harsh conditions with inadequate food and sanitation.
• The decision currently applies to Texas, Louisiana, and Mississippi, but could lead to increased detainee transfers to Texas for detention.
• The ruling was a 2-1 decision by judges Edith Jones and Kyle Duncan.