Pirate's Cove

If the illegals do not want to be held they can voluntarily deport

Appeals court upholds ICE mass detention policy

A federal appeals court upheld the Trump administration’s policy allowing mass detention of migrants awaiting deportation without bond.

In a 2-1 ruling Wednesday, the Eighth Circuit Court of Appeals determined that the Department of Homeland Security (DHS) was justified in detaining people without the possibility of bond.

The GOP-appointed panel’s decision specifically applies to the detention of Joaquin Herrera Avila, a Mexican citizen detained without bond by DHS agents last summer in Minneapolis. A Minnesota district judge previously granted Herrera Avila’s habeas corpus petition last October, which the government later appealed.

Judge Bobby Shepherd, who was appointed by former President George W. Bush, wrote the majority opinion, which was joined by Trump-appointed Judge L. Steven Grasz. Judge Ralph Erickson, who was also appointed by the current president, penned the dissenting opinion.

“The court now holds that Avila — and millions of others — are subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A),” Erickson wrote in his dissent. “In doing so, the court does not rely on recent Congressional action or a change in the regulations governing detention but rather engages in a novel interpretation of ‘alien seeking admission’ that eluded the courts and five previous presidential administrations.”

That part of the code says

Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.

There’s nothing in there about bond, about being released. It says to be held. And held they shall be until such time as they have their proceeding, and then most will be sent away from the U.S. Erickson can be against it, but, hold them is the law as passed by Congress.

The Eighth Circuit Court covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. Wednesday’s ruling is especially significant for the future of detention cases in Minnesota, where DHS led its largest ever immigration enforcement operation earlier this year.

The decision follows a similar ruling from the Fifth Circuit in February, which applies to district courts in Texas, Mississippi and Louisiana, after a federal judge moved to throw out the Trump administration’s policy.

So, let’s send all the illegals to these states, forget anywhere else, that way no need to deal with any other suits from Democrats trying to protect illegals.