In July, Acting Immigration and Customs Enforcement (ICE) Director Todd Lyons set the liberal world on fire when he announced new guidance on detention of illegal immigrants.
The policy was immediately challenged in court, and the administration was in for another long battle.
Eight months later, an appellate court has sided with the administration, and you better believe the left will lose its mind over this.
The memo was issued on July 8, 2025.
It stated, “Acting Immigration and Customs Enforcement (ICE) Director Todd Lyons issued interim guidance to all ICE employees explaining that the Department of Homeland Security (DHS) ‘has revisited its legal position on detention and release authorities’ and had concluded ‘that section 235 of the Immigration and Nationality Act (INA), rather than section 236, is the applicable immigration detention authority for all applicants for admission.’”
It continued, “As a result and ‘[e]ffective immediately, it is the position of DHS that such aliens are subject to detention . . . and may not be released from ICE custody except by INA § 212(d)(5) parole . . . These aliens are also ineligible for a custody redetermination hearing ('bond hearing') before an immigration judge.’”
It further stated, “According to the memo, DHS is not taking the position that prior releases of applicants for admission now believed to be subject to mandatory detention under INA § 235(b)(2) should be deemed releases on parole under INA § 212(d)(5).”
Once the new policies were announced, a class-action lawsuit was immediately filed.
The point of contention for the lawsuit was that before this administration, illegals who had long-term ties to communities where they lived had been released while they fought their immigration case.
This administration did not want to risk these individuals going into the wind, not to mention that the long-term ties were irrelevant. They were here illegally and should not be in the country, period.
That is like saying someone robbed a bank, but since they have ties to the community, we will just let them go. It makes no sense to me. A crime is a crime, and this crime in particular has a rather harsh penalty, and running seems far more likely to me than staying put when you are pretty sure of the outcome of the case.
On the immigration front, this administration has not had much luck, so I will openly admit I was stunned when a ruling was handed down that the administration would be permitted to keep this rule in place.
The 5th U.S. Circuit Court of Appeals handed down a 2-1 ruling in favor of the Department of Homeland Security.
After the ruling was announced, Attorney General Pam Bondi responded, "The Fifth Circuit just held illegal aliens can rightfully be detained without bond — a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn. Thank you to Ben Hayes who argued this case, Brett Shumate and the @DOJCivil Division. We will continue vindicating President Trump’s law and order agenda in courtrooms across the country."
I fully support this ruling. How do you stop illegal immigration? You make it as difficult as possible for anyone who gets caught. This policy is a huge statement by the courts that this country is no longer playing games when it comes to protecting our borders from illegal immigration.
