Ian Millhiser

Every state is seeing these –

detention cases.

We're seeing thousands of cases in court.

These are people who are being grabbed under this new policy and saying that's illegal.

You can't do that.

So it's been building.

And now with Minnesota being the center of this deportation effort, we're seeing a ton of cases come out of there.

I see maybe 300 new cases a day around the country.

And that's a big uptick from what it used to be, where it was, you know, 40 or 50 of those prior to the, you know, July memo from ICE.

All right.

And you said that other judges had previously rejected the Trump administration's interpretation of these laws until they hit the Fifth Circuit.

You reviewed some of the comments from those other judges.

What do they argue here?

What they say is, number one, it would be kind of shocking if for 30 years every other administration had this power to mass detain people and didn't realize it.

That would be a little unusual for people not to have known that.

If Congress had authorized this mass detention strategy, maybe they would have been a little more explicit about it than some sort of nuanced reinterpretation of ambiguous language in an old law.

And so that's what they point to, and they say, look,

Someone who's lived in the United States for decades is not an arriving alien.

Just the plain meaning, the common sense reading of that.

They also point to a Supreme Court ruling from a few years ago that kind of endorsed this divide between arriving and people who are crossing the border and can be detained in a mandatory way.