Noncitizens are entitled to bail

MANHATTAN — The Second Circuit affirmed a New York federal court’s decision granting habeas relief to a Brazilian noncitizen who was granted a valid work permit in 2016, but was arrested on an administrative warrant in September 2025 and has not been released from detention. The appellate court chides the government’s lawyers for their “newfound interpretation” of federal law, adding that even if it “were plausible — and it is not — we would nonetheless reject it based on our obligation to construe these statutes in a manner that would avoid the serious constitutional questions attendant to what would be the broadest mass-detention-without-bond mandate in our Nation’s history for millions of noncitizens.”