Due Process Clause

A U.S. appeals court ruled that Immigration and Customs Enforcement cannot detain immigrants for more than 90 days without bond during deportation proceedings. The 2-1 decision by the Fifth U.S. Circuit Court of Appeals cited constitutional due process protections, affecting states like Texas and Louisiana. The Department of Homeland Security disputes the ruling, claiming its legal position on mandatory detention remains valid.

The Supreme Court will decide whether noncitizens can be detained for extended periods without bond hearings, following a case involving two green card holders convicted of aggravated felonies. A federal appeals court in New York ruled in 2024 that due process requires bond hearings for prolonged detention, but the Trump administration appealed, arguing the decision was misguided.

Montgomery County Public Schools faces a complaint from America First Legal alleging its gender transition policies violate federal laws by withholding information from parents. The complaint centers on a handbook instructing educators to assess parental support before informing families about students' gender identity changes, potentially violating FERPA and constitutional rights.