Episode Details

A federal appeals court just upended its own ruling in a major immigration case — flipping from declaring the Trump-era policy of detaining immigrants without bond hearings unconstitutional to ordering a full rehearing. The decision, made by 17 judges, throws the legal battle over due process rights for detained immigrants back into limbo, delaying justice for thousands and forcing more people into prolonged detention. The case centers on three men detained over a decade ago, whose lawyers say the delay is cruel and unnecessary. The policy, implemented in July 2025, eliminated bond hearings for all immigration detainees — a sharp departure from prior practices — and was later endorsed by the Board of Immigration Appeals. With oral arguments now set for September 21st, this rare “en banc” review could reshape immigration law — while the Department of Homeland Security celebrates the reversal, confident in its position.

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