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US appeals court rejects Trump’s immigration detention policy

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US appeals court rejects Trump’s immigration detention policy

In a 3-0 ruling, court says Trump administration misread a decades-old immigration law to justify mandatory detention.

A United States federal appeals court has rejected the Trump administration’s practice of subjecting most people arrested in its immigration crackdown to mandatory detention without the opportunity to seek release on bond.

In a 3-0 ruling on Tuesday, a panel of the New York-based US Court of Appeals for the Second Circuit said the administration relied on a novel but incorrect interpretation of a decades-old immigration law to justify the policy.

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Writing for the panel, US Circuit Judge Joseph F Bianco, a Trump appointee, warned that the government’s reading “would send a seismic shock through our immigration detention system and society”, straining already overcrowded facilities, separating families and disrupting communities.

Lawyers for the Trump administration say the mandatory detention policy is legal under the Illegal Immigration Reform and Immigrant Responsibility Act, passed in 1996.

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But Bianco said the government had made “an attempt to muddy” the law’s “textually clear waters”, arguing that the administration’s interpretation “defies the statute’s context, structure, history, and purpose” and contradicts “longstanding executive branch practice”.

Under the Trump administration policy, the Department of Homeland Security last year took the position that non-citizens already living in the US, not just those arriving at the border, qualify as “applicants for admission” and are subject to mandatory detention.

Under federal immigration law, “applicants for admission” to the US are detained while their cases proceed in immigration courts and are ineligible for bond hearings.

The Department of Homeland Security has been denying bond hearings to immigrants arrested across the country, including those who have been living in the US for years without any criminal history, the Associated Press (AP) news agency reports.

That is a departure from the practice under previous US administrations, when most non-citizens with no criminal record who were arrested away from the border were given the opportunity to request a bond while their cases moved through immigration court, according to AP.

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In such cases, bonds were often granted to people who were deemed not to be flight risks, and mandatory detention was limited to those who had just entered the country.

Amy Belsher, director of immigrants rights’ litigation at the New York Civil Liberties Union, said the appeals court ruling affirmed “that the Trump administration’s policy of detaining immigrants without any process is unlawful and cannot stand”.

“The government cannot mandatorily detain millions of noncitizens, many of whom have lived here for decades, without an opportunity to seek release. It defies the Constitution, the Immigration and Nationality Act, and basic human decency,” Belsher said in a statement.

Conflicting rulings set stage for Supreme Court review

The New York court’s decision comes after two other appeals courts ruled in favour of the Trump administration’s policy.

Acknowledging the opposing rulings, Judge Bianco said the panel was parting ways with them and instead aligning with more than 370 lower-court judges nationwide who have rejected the administration’s position as a misreading of the law.

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The split among the courts increases the likelihood that the US Supreme Court will weigh in.

The latest ruling also upheld an order by a New York judge that led to the release of Brazilian national Ricardo Aparecido Barbosa da Cunha, who was arrested by immigration officials last year while driving to work after living in the US for more than 20 years.

“The court was right to conclude the Trump administration can’t just ⁠reinterpret the law at its own whim,” Michael Tan, a lawyer for Barbosa at the American Civil Liberties Union, said in a statement.

The Department of Justice, which is defending the mandatory detention policy in court, did not respond to a request for comment.

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Oil market clock is ticking as supply crunch looms

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Oil market clock is ticking as supply crunch looms
The oil industry has shown remarkable resilience in the face of the largest energy supply shock in modern history, pulling multiple levers to cushion the blow of the Iran war. But barring a breakthrough in peace talks, the global market may be only months away from a breaking point.
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Record number of climbers summit Mount Everest from Nepali side despite overcrowding concerns

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Record number of climbers summit Mount Everest from Nepali side despite overcrowding concerns

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A record 274 climbers reached the summit of Mount Everest in a single day this week, as critics warn the world’s tallest peak is becoming dangerously overcrowded with thrill-seekers willing to pay $15,000 for a shot at the top.

The surge shattered the previous Nepali record of 223 climbers set in 2019, Rishi Bhandari, secretary general of the Expedition Operators Association of Nepal, told Reuters on Thursday.

“This is the highest number of climbers in a single day so far,” Bhandari said, adding that the final summit total could rise even further as some climbers had not yet officially reported their successful ascents.

Nepal has already issued 494 Everest climbing permits this season, each costing climbers $15,000.

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EXTREME TRAVEL DESTINATION TO RESTRICT POPULAR MOUNTAIN ACCESS

Climbers walk in a long queue as they head to the summit of Mount Everest in the Solukhumbu district, Nepal, on May 18, 2026. (Purnima Shrestha/Reuters)

Climbers this year are ascending only from the Nepal side of Everest because China reportedly did not issue permits for expeditions from the Tibetan side.

Nepal has already issued 494 Everest climbing permits this season, each costing climbers $15,000. (Paula Bronstein/Getty Images)

Mountaineering experts have long criticized Nepal for allowing large numbers of climbers on Everest, warning that overcrowding can create life-threatening bottlenecks high on the mountain in Everest’s deadly “death zone,” where oxygen levels plunge to dangerously low levels.

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LEGENDARY MOUNTAINEER JIM WHITTAKER, FIRST AMERICAN TO SUMMIT EVEREST, DEAD AT 97

Mountaineers line up as they climb a slope during their ascent to the summit of Mount Everest in Nepal on May 31, 2021. (Lakpa Sherpa/AFP)

Nepal has attempted to respond to safety concerns in recent years by tightening rules and increasing fees for climbers, though some expedition leaders have defended the high number of climbers.

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“If teams carry enough oxygen it is not a big problem,” expedition organizer Lukas Furtenbach of the Austria-based Furtenbach Adventures told the outlet. “We have mountains in the Alps like the Zugspitze where we have 4,000 persons on top per day. So 274 is actually not a big number, considering this mountain is 10 times bigger.”

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Merz’s plan of ‘associate membership’ for Ukraine gets mixed reviews

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Merz’s plan of ‘associate membership’ for Ukraine gets mixed reviews

German Chancellor Friedrich Merz’s groundbreaking plan to grant Ukraine “associate membership” in the European Union has received mixed reviews in Brussels, with questions raised about its legality, feasibility and political implications.

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In a letter to his fellow leaders, seen by Euronews, Merz proposes a tailor-made status that would give Ukraine access to decision-making bodies without voting rights or portfolio and to certain EU-funded programmes on a “step-by-step” basis.

He also envisions Kyiv able to request assistance from other member states in the event of armed aggression through Article 42.7 of the EU treaties. This, he argues, would create a “substantial security guarantee” to deter Russia.

“It is now time to boldly move on with Ukraine’s EU integration through innovative solutions as immediate steps forward,” Merz tells his peers.

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In Brussels, Merz’s letter drew attention and raised eyebrows amid ongoing efforts to lift Hungary’s veto on Ukraine’s accession by the time the 27 leaders meet in June.

His push was compared to the op-ed that the chancellor wrote last year endorsing the use of Russia’s immobilised assets to finance a so-called reparations loan to Ukraine. The op-ed shocked Brussels, and the audacious project eventually collapsed.

The letter is “a rather hasty statement, and not very well coordinated. The timing is strange, especially since in June we will have good news with the opening of the cluster, so this letter is a bit surprising,” said a diplomat, warning of widespread scepticism.

“We need to do things differently. There is indeed a timeline, with June in view, and there is a method. Things will move forward.”

A second diplomat cast serious doubt on Merz’s assertion that the “associate membership” would not require amending the EU treaties, just strong political will.

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“I don’t see how this could work from a legal point of view. You would need to change the treaties for that. Associate members with all institutions by way of political arrangement? I don’t see it,” the diplomat said.

A third diplomat said that in the letter, “some ideas are better than others”, while a fourth noted the real debate among member states was yet to begin.

‘Merit-based’ focus

By contrast, the European Commission, which oversees the accession process, was more positive and welcomed Merz’s proposal as showing a “strong commitment from member states to make enlargement a reality as soon as possible”.

“It is increasingly clear that enlargement is a geostrategic investment in our prosperity, peace, and security. And Ukraine’s accession to the European Union is also fundamentally linked to the security of our union,” Guillaume Mercier, the Commission’s spokesperson for enlargement, said in a statement.

“It is equally important that we deliver on the completion of the Union with all the candidate countries that have been working towards accession for many years.”

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Mercier noted that any innovative solution should be underpinned by the “merit-based” logic that is supposed to guide the complex multi-chapter accession process.

Earlier this year, the Commission pitched a “reversed” membership under which Ukraine would become a formal EU member and progressively obtain the tangible benefits that come with it. Capitals largely rebuffed the idea, calling it dangerous and unrealistic.

Merz’s pitch suggests gradual integration to access EU funds and high-level fora, but with formal membership only at the very end of the road.

The German letter comes as the bloc sees a window of opportunity to finally lift the Hungarian veto on Ukraine’s accession, which has left the process paralysed for two years. The new government in Budapest has launched consultations with Kyiv to discuss the rights of the Hungarian minority in Ukraine, a politically sensitive issue.

Brussels hopes that enough progress will be made to lift the veto in June and open the first cluster of negotiations with Ukraine, known as fundamentals, with the remaining five clusters unblocked across the remainder of the year.

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It remains unclear how Ukrainian President Volodymyr Zelenskyy will react to Merz’s letter. Last month, he flat-out rejected any overture for “symbolic” membership.

“Ukraine is defending itself and is definitely defending Europe,” he said. “And it is not defending Europe symbolically – people are really dying.”

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