Should foreigners who enter the United States illegally enjoy the same privileges as those who submit to inspection and are lawfully admitted? That was the question before the Fifth Circuit Court of Appeals this term, and it rightly decided that those who enter illegally can be detained without bond hearings while their deportation cases are being processed. The Supreme Court recently agreed this fall to hear a similar case and will most likely follow the Fifth Circuit’s reasoning.
Before 1996, the Immigration and Nationality Act contained a loophole that incentivized those seeking to enter the U.S. to break the law. Those without authorization to enter the country who presented themselves at a port of entry were subject to mandatory detention while their deportation cases were processed, while those who crossed illegally and were arrested in the U.S. were allowed to seek, and were often granted, release on bond.
