Tagged #fifth-amendment
Every article we've published on this topic, sorted by the agency's own announcement date.
Federal judge rules mandatory immigration detention violates due process without individualized review
A Houston federal court order finds that applying INA mandatory detention statutes without considering an individual's circumstances violates Fifth Amendment rights, requiring release of witness detained after ICE shooting.
Federal Judge Orders ICE to Release Key Witness, Citing Constitutional Rights
A Houston federal judge has ordered ICE to release a witness in a fatal shooting case within 48 hours, finding that continued detention violates Fifth Amendment due process rights.
Post-Mullin TPS battles pivot to due process claims
After Supreme Court barred statutory review of TPS terminations, legal advocates for migrants from four countries are pursuing Fifth Amendment due process challenges. Learn what the new litigation strategy means for practitioners.
Fifth Circuit stays lower-court bond-hearing orders in removal-detention cases
The full Fifth Circuit Court of Appeals stayed district court judgments ordering bond hearings for immigrants in removal proceedings, preserving the Trump administration's mandatory detention policy pending en banc rehearing.
Federal judge orders Adelanto ICE facility to provide clean water and medical care
U.S. District Court grants preliminary injunction requiring Adelanto ICE Processing Center to provide detainees with clean drinking water, medical care, hygiene products, and daily headcounts. Court appoints independent monitors to ensure compliance.
Federal judge orders ICE detainee's release based on Fifth Amendment due process violation
District of Montana rules that ICE detention without a bond hearing violates Fifth Amendment due process rights. Practitioner guidance on habeas corpus strategy and warrantless seizure challenges.
Federal Judge Denies Motion to Dismiss in LA Immigration Raids Lawsuit
Judge Frimpong rejected the government's motion to dismiss constitutional claims challenging immigration enforcement tactics in Southern California, allowing Fourth and Fifth Amendment claims to proceed.