The White House scored a big win on Wednesday when a second appeals court barred lower judges from releasing illegal migrants after they are arrested by the Department of Homeland Security.
“MASSIVE COURT VICTORY against activist judges and for President Trump’s law and order agenda!” Attorney General Pam Bondi declared onX, adding:
The Eighth Circuit has held that illegal aliens can be detained without [a bond hearing] — following a similar ruling from the Fifth Circuit last month. The law is very clear, but Democrats and activist judges haven’t wanted to enforce it … Imagine how many illegal alien crimes could have been averted if the left had simply followed the law?
“AWFUL,” responded Aaron Reichlin-Melnick, an advocate with a pro-migration advocacy group, to news of the court ruling. “This will effectively foreclose most of the [bond hearing] habeas lawsuits coming out of Minnesota, and hands ICE a major win.”
Over the last several months, pro-migration judges and lawyers have released more than 10,000 illegal migrants after they have been arrested. The releases are being ordered even though many Americans — such as Laken Riley and Sheridan Gorman — have been murdered after Democrats pushed for illegal migrants’ release.
That release tactic was especially common in Minnesota, where it is now barred because the Eighth Circuit Court of Appeals includes Minnesota, Indiana, Missouri, and three other states.
The court-imposed “bond” releases allow migrants to keep working and also provide them with opportunities to hide from Immigration and Customs Enforcement (ICE) officers. Each release also encourages other illegal migrants to decline the self-deportation process offered by DHS.
In contrast, when ICE is not mandated to a bond hearing, it can keep arrested migrants in detention and pressure them to agree to a quick deportation, often by giving up their fake asylum claims. That quick process frees the detention space to hold the next illegal.
Migration advocates have the funds to file “en banc” appeals in the appeals court and to seek an appeal at the United States Supreme Court.
The groups have already filed an “en banc” appeal at the Fifth Circuit Court of Appeals, which voted in February against bond hearings for illegals. The Fifth Circuit includes Texas. “AWFUL news for due process,” Reichlin-Melnick complained in February.
But some pro-migration judges are developing a workaround method to release migrants, according to a report in Politico:
After the 5th Circuit’s ruling, at least 10 Texas-based judges who had been rejecting the administration’s approach continued ordering the release of detainees on different grounds: namely, that the Constitution’s guarantee of due process required bond hearings for many of those detained. That approach has blunted the significance of the 5th Circuit’s decision.
In turn, moderate lawyers say the Laken Riley Act invites states to sue when judges release illegal migrants.
Andrew Arthur, a national security and immigration expert, writes:
Under section 235(b)(3) of the INA, as amended by section 3 of the Laken Riley Act, Texas State AG Ken Paxton, Florida State AG James Uthmeier, Kansas State AG Kris Kobach, or any of the 24 other Republican state AGs could sue the Trump administration to force DHS to detain all illegally present “applicants for admission” encountered by the department in the interior.
Democrats support bond hearings for migrants because they have adopted numerous laws to shield the illegal migrants they extract from poor countries. For example, Democrats’ “sanctuary” laws offer a legal shield for poor migrants as they keep working, renting, and consuming in amnesty zones under the Democrats’ sponsorship, regardless of subsequent crimes against Americans.
The Democrats’ massive resistance to Trump’s deportations is also an indirect attack on Trump’s low-migration, high-productivity national economic strategy and his 2026 policy on affordability.
Under Trump’s low-migration, high-deportation reforms, Americans’ wages are up, housing costs are down, transport costs have shrunk, crime is dropping, and corporations are spending heavily to help Americans become more productive and to earn more wages for each working hour.
RestaurantBusinessOnline.com reported on January 23 that Trump’s deputies are raising voters’ wages by deporting illegal migrants: “Fewer workers mean restaurants will once again have to compete for employees the only way they can, by paying higher wages. Wages over the next two years are expected to accelerate, according to Oxford Economics, from 3.7% this year to 5.6% by 2027.”
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