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Immigration Without Due Process
Detention Without Hearings

Trump's DHS Locked Up Longtime Residents Without Bond Hearings; Nine Appeals Courts Rejected the Rule

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Chapter 1 — DHS Replaced Individual Hearings With a Blanket Rule

Chapter 2 — Courts Divided, but the Harm Was Concrete

Chapter 3 — The Supreme Court Agreed to Decide

1 · DHS Replaced Individual Hearings With a Blanket Rule

1 · DHS Replaced Individual Hearings With a Blanket Rule — select a subtopic

1.1 — A Detention Order Became a Denial of Bond

1.2 — A Father Lost His Freedom and His Family Lost His Support

1 · DHS Replaced Individual Hearings With a Blanket Rule
1.2 · DHS Replaced Individual Hearings With a Blanket Rule
A Father Lost His Freedom and His Family Lost His Support

Rigoberto Santillan Quiroz had lived in the United States since 2006 and supported his wife through treatment for a heart condition. The Tenth Circuit described more than eight months of detention without a bond hearing, though he faced no current criminal charge and no one claimed he was dangerous or likely to flee. It ordered that he get a hearing or be released within seven days of the lower court's order.

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2 · Courts Divided, but the Harm Was Concrete

2 · Courts Divided, but the Harm Was Concrete — select a subtopic

2.1 — The Government's Best Defense, and What Happened to It

2.2 — Eleven Residents Won Relief, and Classes Won Access to Hearings

2.3 — DHS Threatened Rearrest After Two Bond Grants

2.4 — Due Process Required a Hearing for T.C. Despite the Laken Riley Act

2 · Courts Divided, but the Harm Was Concrete
2.1 · Courts Divided, but the Harm Was Concrete
The Government's Best Defense, and What Happened to It

The government says Congress required detention for people never admitted, to secure appearances and carry out removals. DOJ also argued that due process did not require a hearing on danger or flight risk because those facts were irrelevant under its reading of the detention law. The Third Circuit rejected that argument, distinguishing the government's precedent about reputational harm from these residents' loss of liberty. The Fourth Circuit reported on September 10 that more than five hundred district courts had rejected the government's interpretation and sided with petitioners in more than twenty thousand individual cases. By September 10, nine appeals courts had rejected its reading of the law, while the Fifth and Eighth Circuits accepted it. A Fifth Circuit panel required hearings by 90 days for the residents it considered, but the full court set that ruling aside and suspended their court-ordered protection.

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2.2 · Courts Divided, but the Harm Was Concrete
Eleven Residents Won Relief, and Classes Won Access to Hearings

The Sixth Circuit upheld relief for eleven residents, and the Third Circuit affirmed release orders for two more. Other courts protected access to hearings for classes in Western Washington and Massachusetts and for two Washington, D.C., residents detained in Virginia. The Washington class's named plaintiff got his hearing, was denied bond and chose voluntary departure.

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2.3 · Courts Divided, but the Harm Was Concrete
DHS Threatened Rearrest After Two Bond Grants

Two immigration judges found Jaciel Cirrus Rojas neither dangerous nor a flight risk and granted him bond. The Seventh Circuit said DHS had not challenged the judges' risk findings in its most recent appeal to the Board of Immigration Appeals. DHS blocked the first release, then issued a notice claiming to cancel the second bond and threatened to detain him again. The Seventh Circuit rejected the blanket no-bond rule and ordered the district court to grant his challenge to detention.

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2.4 · Courts Divided, but the Harm Was Concrete
Due Process Required a Hearing for T.C. Despite the Laken Riley Act

ICE held Georgian asylum seeker T.C. for almost three months after arresting him at a routine check-in. An officer swore that a shoplifting charge was pending, but Judge Ann Donnelly found the records showed it had been dismissed. A separate theft arrest justified detention under the Laken Riley Act, yet the judge ruled that due process entitled him to a hearing by September 11 or release. She also required the immigration judge to consider alternatives to detention and T.C.'s ability to pay any bond.

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3 · The Supreme Court Agreed to Decide

3 · The Supreme Court Agreed to Decide — select a subtopic

3.1 — The Court Granted Review on October 1

3 · The Supreme Court Agreed to Decide

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Full Source Index — 15 Primary Sources

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