Fifth Circuit Weighs Legality of Government’s Mandatory Immigration Detention Policy
As federal district courts across the country grapple with a surge of lawsuits challenging the Trump administration’s approach to detaining noncitizens without bond, the U.S. Court of Appeals for the Fifth Circuit appears poised to side with the government. A three-judge panel heard arguments Tuesday in consolidated Texas cases, and questions from Judges Edith H. Jones and Stuart Kyle Duncan suggested support for the government’s interpretation of immigration law. Judge Dana M. Douglas’ questions, by contrast, appeared to be at odds with her colleagues.
Former immigration judge Daniel H. Weiss, who listened to the hearing, said he expects a 2-1 decision in the government’s favor.

