Minors Who Enter U.S. Illegally May Not Be Confined Without Court Hearings, 9th Circuit Court Rules

Detainees wait to be processed inside Homeland Security's Willacy Detention Center in Raymondville, Texas on May 10, 2007. (Credit: Paul J. Richards/AFP/Getty Images)

Minors who enter the U.S. without permission must be given a court hearing to determine whether they can be released, a federal appeals court panel decided unanimously Wednesday.

A three-judge panel of the U.S. 9th Circuit Court of Appeals said immigration authorities continue to be bound by a 1997 lawsuit settlement that guaranteed court hearings for minor immigrants, set standards for their detention and established a policy in favor of their release.

Following that settlement, Congress passed two laws dealing with unaccompanied minor immigrants. The federal government argued those laws replaced the settlement and revoked the right to bond hearings.

The 9th Circuit disagreed.

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