https://heathercoxrichardson.substack.com/p/february-7-2026
"Yesterday two right-wing circuit judges signed off on the Trump
administration’s new mass detention policy: the extraordinary assertion that
vast numbers of noncitizens throughout the country can be arrested and held in
detention centers without the right to release until they are deported.
As Steve Vladeck explained in December in
One First, this new policy
dramatically expanded the number of immigrants suddenly subject to arrest and
long-term detention. U.S. judges overwhelmingly rejected the new policy;
Vladeck quoted
Politico’s Kyle Cheney, who reported that in more than 700
cases, at least 225 judges appointed by all modern presidents—including 23
appointed by Trump—have ruled that the new policy likely violates both the law
and the right to due process.
But the administration handpicked a right-wing circuit to rule on the policy,
and last night, as Vladeck explained today in
One First, Judge Edith Jones
and Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit okayed
the Trump administration’s new rule denying detained immigrants the right to
release on bond. That includes, as Vladeck wrote, “millions of non-citizens who
have been here for generations; who have never committed a crime; and who pose
neither a risk of flight nor any threat to public safety.” It is likely the
plaintiffs will appeal the decision.
This policy has dramatically increased detention of immigrants. Before it, the
U.S. held about 40,000 people on any given day. Now, according to Laura
Strickler and Julia Ainsley of NBC News, the United States is currently holding
more than 70,000 immigrants in 224 facilities across the nation, 104 more
facilities than it had before Trump took office. Those detainees include
children."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
