US Appeals Court Blocks Judge’s Rulings Against Trump Immigration Detention Policy
By Jack Phillips
A U.S. appeals court on Tuesday halted a federal judge’s nationwide rulings that blocked the Trump administration from holding people without bond in its efforts to deport illegal immigrants, limiting the lower court order to only part of California.
In the order, the U.S. Court of Appeals for the Ninth Circuit said that the Trump administration had “made a strong showing that it is likely to succeed on its position that the district court exceeded its jurisdiction in certifying a nationwide” class-action lawsuit against the government in favor of non-U.S. citizens who are facing mandatory detention without bond.
The appeals court said the ruling declaring the detention policy unlawful would remain in effect only in the Central District of California, where the judge is based. The Central District includes much of Southern California, including Los Angeles, Riverside, and San Bernardino counties, among others.
U.S. District Judge Sunshine Sykes certified a nationwide class-action in the case and in December, declared as illegal the Department of Homeland Security (DHS) policy of detaining people arrested on immigration-related matters without giving them a chance to seek release on bond. She went further in February by vacating a Board of Immigration Appeals decision that endorsed the administration’s position.
The appeals court said the government had “also shown a likelihood of success on its position that the district court lacked jurisdiction to vacate” the Board of Immigration Appeals’ decision, as the administration had already lodged an appeal of her December ruling, which stripped her of the ability to expand it.
In her December order, Sykes wrote that she believed the Trump administration was seeking to continue to defy the law by refusing bond hearings after a previous ruling she issued against the government.
“Respondents have far crossed the boundaries of constitutional conduct,” Sykes wrote, referring to the government. “Somehow, even after the judicial declaration of law that the DHS was misguided in its act of legal interpretation that nullified portions of a congressionally enacted statute, Respondents still insist they can continue their campaign of illegal action.”
Earlier this year, the U.S. Court of Appeals for the Fifth Circuit backed the Trump administration and ruled against lower court rulings that had granted habeas petitions to two Mexican nationals. They were deemed to be “applicants for admission” under federal law, which means they are subject to mandatory detention without bond.
Lawsuits were filed against DHS and Customs and Border Protection (CBP) after they adopted the policy last year that classified illegal immigrants as “applicants for admission.”
Tuesday’s appeals court ruling came just a day after arguments were heard in the case. The court had previously issued a temporary, administrative pause of Sykes’ December order while it considered how to move forward.
During Monday’s court hearing, Matt Adams, a lawyer for the noncitizens in the class-action lawsuit at the Northwest Immigrant Rights Project, said that the administration failed to adhere to a prior ruling from Sykes.
“The defendants essentially argue that they can insulate their own executive agency policies by issuing it through a board decision,” he said, referring to the Board of Immigration Appeals’ endorsement of the administration’s position.
Reuters contributed to this report.
