Federal Appeals Court Holds That DHS Can Detain Illegal Alien Without Bond

Earlier this week, a federal appeals court held that the Department of Homeland Security (DHS) could detain an illegal alien without bond pending his removal proceedings after he was arrested in Minneapolis in 2025. In journeyman fashion, the Eighth Circuit Court of Appeals interpreted the applicable immigration laws as written and applied common sense to reach its decision.   That law, 8 U.S.C. § 1225, a nearly three-decade-old statute, requires detention without bond for “an alien who is an applicant for admission if … an alien seeking admission is not clearly and beyond a doubt entitled to be admitted.” This case could be a game-changer in the administration’s efforts to hold illegal aliens pending their removal…

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