February 10, 2026
Fifth Circuit Has New Legal Idea, It Is That Any Non-Citizen Can Be Locked Up Forever
Been in America for 30 years? That's nice, enjoy the detention camp.
TL;DR
- A recent Fifth Circuit Court of Appeals ruling suggests a new interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
- This new interpretation could classify millions of individuals present in the U.S. without legal admission into a category subject to 'mandatory detention,' previously reserved for 'arriving aliens.'
- This contradicts the understanding and practice of immigration law by numerous presidents, legal professionals, and the federal government since 1996.
- The ruling has been rejected by at least 360 judges in over 3,000 cases, with only 27 judges siding with the expanded detention strategy in approximately 130 cases.
- Even Trump appointees have largely rejected the government's argument for expanded detention.
- The article provides an example of an Irish immigrant detained for 20 years, living in harsh conditions with inadequate food and sanitation.
- The decision currently applies to Texas, Louisiana, and Mississippi, but could lead to increased detainee transfers to Texas for detention.
- The ruling was a 2-1 decision by judges Edith Jones and Kyle Duncan.
Continue reading
the original article