Fifth and Eighth Circuits Uphold Mandatory Detention for Interior Immigrants

The Fifth and Eighth Circuit Courts of Appeals upheld the Trump administration interpretation that interior immigrants who entered without inspection are applicants for admission subject to mandatory detention under Section 1225 of the Immigration and Nationality Act. The Fifth Circuit decision in Buenrostro-Mendez and the Eighth Circuit decision in Avila v. Bondi concluded that anyone who entered the country illegally is perpetually seeking admission and therefore subject to border-level mandatory detention.