Politico reports:

A federal appeals court has rejected the Trump administration’s bid to lock up the majority of people it is seeking to deport without an opportunity for release on bond — even if they have no criminal records and have resided in the country for decades.

In a 3-0 ruling, a panel of the New York-based 2nd Circuit Court of Appeals found that ICE’s policy was based on a flawed, implausible and unprecedented interpretation of decades-old laws. But more fundamentally, the panel said the Trump administration’s position would raise acute constitutional concerns by instituting “the broadest mass detention-without-bond mandate in our Nation’s history for millions of noncitizens.”

“The government’s interpretation … would send a seismic shock through our immigration detention system and society, straining our already overcrowded detention infrastructure, incarcerating millions, separating families, and disrupting communities,” Judge Joseph Bianco, a Trump appointee, wrote for the panel. “If Congress meant to achieve such a radical break from the past, it would not have done so in such an indirect and ambiguous way.” [Continue reading…]