208. The Fifth Circuit Jumps the Immigration Detention Shark
208. The Fifth Circuit Jumps the Immigration Detention Shark Late Friday, two of the nation's most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected Steve Vladeck Feb 7 I’ve written before about the deeply contested (and contestable) reinterpretation of federal immigration law that the Trump administration adopted last summer, under which any non-citizen who was never lawfully admitted to the United States is subject not just to arrest, but to mandatory detention with no opportunity for release on bond for the duration of their removal proceedings. This argument, which applies even to those who have lived in the United States (lawfully) ¹ for decades; even to those who at one point had “Temporary Protected Status”; even to those who have an asylum application pending, is based on the analytically and linguistically flawed claim that...