Eleventh Circuit Broaches Circuit Split on Migrant Bond Hearings

An Eleventh Circuit panel hinted Thursday at a possible circuit split on whether the government can deny bond hearings for migrants living in the United States without permission.

Such a ruling, which would split with the Eighth and Fifth circuits, could also expand application of the US Supreme Court’s “major questions doctrine” into immigration law. That doctrine is a developing legal theory that minimizes executive authority over “major” policy questions that break with stances of past administrations and intent of Congress.

During the 90-minute argument, two of the three judges indicated they were open to finding certain statutory phrases, such ...