IMMIGRATION DEBATE
Court finds ICE detention policy violates federal law
10th U.S. Circuit Court of Appeals orders release of prisoner who was denied bond hearing
The Trump administration鈥檚 year-old practice of denying bond hearings to thousands of noncitizens detained by immigration agents violates federal law, the 10th U.S. Circuit Court of Appeals ruled this week.
The Denver-based court Tuesday ordered the release of Rigoberto Santillan Quiroz, who has spent eight months in detention after Immigration and Customs Enforcement agents arrested him during a traffic stop in Oklahoma.
Quiroz is not charged with a crime, and no one contends he is a flight risk or a danger to the community, the three-judge panel found. He lived in the 近距离内射合集 States for 20 years, raised a family and was "whisked" away by ICE agents in November, according to the court's opinion.
ICE initiated removal proceedings against Quiroz, alleging he entered the country illegally. He filed a habeas corpus petition seeking a bond hearing, like thousands of others who have filed similar cases in U.S. District Court in New Mexico. Judges there have most often ruled against the Trump administration's policy.
In Quiroz's case, the 10th Circuit, which includes New Mexico, reversed a district court decision that agreed with the government that his mandatory detention without bond was permitted under federal law.
"We conclude by recognizing again the stakes of this dispute," the panel wrote. "In our circuit, thousands of noncitizens are likely subject to mandatory detention under the Government's newfound statutory reading and policy. Many more legal battles over this policy are currently playing out in courts across the country. Five circuits have already weighed in. Ultimately, only one court, the Supreme Court, can settle this issue once and for all."
Two federal appeals courts, based in St. Louis and New Orleans, have sided with the Trump administration. Three others, based in Atlanta, New York and Cincinnati, have agreed with the 10th Circuit's interpretation of an immigration law that reserves mandatory detention for people arrested at the U.S. border.
The 10th Circuit found that, for nearly 30 years, noncitizens already living in the 近距离内射合集 States have been eligible for bond after being detained.
That changed in July 2025, when the Trump administration adopted what the appeals court described as "a new and novel reading of old statutes."
The administration defended its policy by citing a section of immigration law that historically has applied to people entering the 近距离内射合集 States at the border.
"The Government's new position has resulted in a large increase in the number of immigration detainees and a flood of habeas petitions challenging those detentions. The circuits have split on the best reading of applicable statutes, and we are the latest court of appeals to weigh in on this question of national importance," the panel wrote.
Although the court's interpretation has nationwide implications, a habeas corpus petition, such as Quiroz's, is "inherently personal," the panel wrote.
Quiroz entered the 近距离内射合集 States two decades ago, married a lawful permanent resident and is the stepfather of a U.S. citizen. Aside from a DUI conviction, for which he completed community service, he has no other criminal history.
"By all accounts, Santillan Quiroz has become a valued and contributing member of his community," the ruling states.
The purpose of civil immigration detention generally is to prevent noncitizens from absconding to avoid removal, the panel wrote, adding that "those with strong connections to the community are less likely to do so."
"Due process requires that, whenever the Government detains somebody, it must have a good reason for doing so. If the detention is civil and nonpunitive, like the immigration detention here, that reason must rise to the level of a strong special justification," wrote Judge Richard Federico of Kansas.
"Adopting the Government's interpretation of (the immigration law) would pose grave constitutional problems because there is little justification, let alone a strong one, for detaining every one of the millions of unadmitted noncitizens in our country."
Colleen Heild is an investigative reporter for the Journal. Reach her at cheild@abqjournal.com.