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Full Fifth Circuit upholds no-bond detention policy for immigrants

The full U.S. Court of Appeals for the Fifth Circuit ruled Friday, in a split decision, that immigrants who entered the U.S. without lawful admission have no constitutional right to a bond hearing while held during deportation proceedings, upholding a Trump administration mandatory detention policy. Judge Cory Wilson wrote the majority opinion; seven judges dissented. The case involved three men who had each lived in the U.S. for more than a decade. Nine of 11 federal appeals courts to address the policy have ruled against the administration, and the Supreme Court agreed earlier this month to hear a related case.

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Why it matters

The ruling affects immigrants who entered the U.S. without lawful admission and are detained during deportation proceedings, including people who have lived in the country for many years. Under the policy, they are held without a bond hearing in immigration court. Other federal appeals courts have ruled the other way, and the Supreme Court has agreed to hear a related case.

How each side sees it

Supporters sayHomeland Security General Counsel James Percival called the ruling a "Big win" for a principle he said Congress codified in 1996; the majority wrote that "due process does not entitle them to additional proceedings."
Opponents sayRebecca Cassler of the American Immigration Council, who represents the three men, called the ruling "an affront to the U.S. Constitution"; dissenting judges said detention without a hearing implicates a fundamental interest in freedom from physical restraint.

Sources

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Published Saturday, October 24, 2026. Spot an error? Email [email protected]. See our corrections log and standards.

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