Politico reports:

A federal appeals court on Thursday rejected ICE’s effort to detain millions of people without bond, comparing it to the “historical stain” of Japanese internment during World War II.

“Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” 4th Circuit Court of Appeals Judge Nicole Berner, a Biden appointee, wrote in a 2-1 majority opinion joined by Judge Barbara Keenan, an Obama appointee.

“Those shameful and abhorrent past detentions were limited in scope in comparison to the mandatory detention that the Government urges us today to find that Congress established thirty years ago in an ambiguously worded statutory provision. We decline to do so,” Berner wrote.

It’s the ninth loss in a row for ICE at federal appeals courts, all of which have now ruled on the policy. The Supreme Court is all but certain to take up the issue in its next term.

Nine of the 11 appellate circuits to take up the matter have agreed that the Trump administration’s approach relies on a misreading of the 1996 immigration reform law that established current deportation and detention policies. [Continue reading…]