10/05/2026
Thoughts on the morning drive……the Supreme Court just agreed to take up a case that will decide how we US Attorneys handle illegal immigration proceedings.
In common practice those who are accused of a crime are generally afforded a bond hearing. It’s rooted in the due process protections guaranteed by the Fifth and Fourteenth Amendments to the US Constitution. During the hearing the Court will consider whether or not the accused is a flight risk, or whether they pose an imminent threat to the general public if they are released on bond.
BUT, it has been the policy and practice of the DOJ that illegal immigrants are not afforded those same rights to a bond hearing in their detention proceedings. BUT, the federal District Courts are split on the issue. The 5th and 8th Circuits say “no bond hearing”, but the rest say “yes, bond hearing”.
How does that impact us? Well, here in the Northern District of Alabama we often see our immigration detainees sent to an immigration detention facility in Louisiana, which is in the 5th Circuit, which says “no bond”. BUT, then we bring them back to Alabama for their proceedings, which is in the 11th Circuit, whose Courts have held that bond hearings are required. We just want to do our jobs as US Attorneys and get it right the first time!
When you have splits among the federal courts like this the Supreme Court has to decide whether to step in and lay down a uniform application of the law. So that’s what just happened this past week. SCOTUS will decide once and for all if all illegal detainees are due to have a bond hearing and be potentially released back into society pending their final determination on their status.
In the meantime, the men and women of the DOJ will keep doing their jobs processing the vast numbers of illegal alien detainees and doing so evenly under the laws that apply.
Thoughts on the morning drive.