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The 10th Circuit's ruling is a landmark check on executive overreach. ICE cannot simply lock people up indefinitely without a bond hearing. Detaining longtime U.S. residents like Rigoberto Santillan-Quiroz, who posed no flight risk, as if they were border crossers is a constitutional stretch that four federal appeals courts have now rejected. Bond hearings are a bedrock due process protection.
Mandatory detention of undocumented immigrants during removal proceedings is legally sound and courts are confirming it. The 8th Circuit recently overturned an activist ruling and upheld ICE's detention policy, and the DoJ has prevailed in every circuit court on the government's authority to hold unadmitted aliens without bond. Releasing detainees mid-proceedings undermines the entire deportation mission.