Second Circuit judges on Monday were baffled by the Trump administration’s arguments that all migrants are subject to mandatory detention without a bond hearing, teeing up a split with the Fifth and Eighth circuits.
The past five presidential administrations before this one, including the first Trump administration, have only applied mandatory detention to people arriving at the border, not to those who are already in the US, Judge Joseph Bianco of the US Court of Appeals for the Second Circuit said repeatedly during oral arguments.
“The fact is that no administration thought that power existed,” Bianco said, referring to the ...