- United States
- Del.
- Letter
The recent Fifth Circuit ruling gives the administration a pretext to detain immigrants indefinitely—without bond, hearings, or due process. By redefining long‑time residents as “arriving” immigrants, the court enables mass preventive detention and encourages ICE to rush people into Fifth Circuit states to block judicial review.
DHS is already expanding large‑scale detention facilities, and the ruling compounds the risks of racial profiling and unconstitutional policing. Congress never intended mandatory detention on this scale, and the harm is unfolding now.
I urge you to condition DHS funding on restoring bond hearings and preventing transfers designed to evade courts, and reaffirm Congress’s authority over humane, lawful immigration policy. This is not partisan. It is about preventing mass incarceration without due process.