On Friday, a federal appeals court upheld the Trump administration’s policy of holding broad groups of immigration detainees without access to bond hearings.
In a 2-1 decision, a panel of federal judges at the 5th Circuit Court of Appeals said the Trump administration had properly reinterpreted an immigration law last year to disqualify many unauthorized immigrants arrested by Immigration and Customs Enforcement from being able to ask an immigration judge to be released on bond.
Previously, immigrants who had lived in the U.S. unlawfully for years were generally eligible for bond hearings, and the opportunity to persuade an immigration judge that they were not flight risks and should be allowed to fight their deportation outside of a detention center. Mandatory detention had been historically limited to recent border crossers and those convicted of certain crimes.
But the Trump administration took the position that anyone who entered the U.S. illegally, irrespective of how long ago, is subject to mandatory detention during their deportation proceedings. The only mechanism for release under that policy was if ICE decided to parole them out of custody on humanitarian or public interest grounds.
The majority opinion read in part, “The statutory interpretation issue posed by these alien petitioners is novel but not recondite. The petitioners concede that they are deemed to be ‘applicants for admission,’ i.e., ‘alien[s] present within the United States who ha[ve] not been admitted’ by lawful means. 8 USC §§ 1225(a)(1), 1101(a)(13)(A) (definition of admission).”
“Each of them entered illegally many years ago. As such, the government contends, because neither petitioner showed himself to be ‘clearly and beyond a doubt entitled to be admitted,’ he ‘shall be detained’ pending his removal proceeding. 8 U.S.C. § 1225(b)(2)(A).”
“The petitioners counter that, despite falling squarely within § 1225, they are nonetheless eligible for discretionary release on bond during removal proceedings. Section 1226(a)(2), they contend, applies to them precisely because they did not ‘seek [lawful] admission’ according to § 1225. 8 U.S.C. § 1226(a)(2).”
The opinion further noted, “The text says what it says, regardless of the decisions of prior Administrations.”
“In any event, that prior Administrations decided to use less than their full enforcement authority…does not mean they lacked the authority to do more.”
Attorney General Pam Bondi celebrated the ruling on X, “Tonight our @TheJusticeDept attorneys secured yet another crucial legal victory in support of @POTUS Trump’s immigration agenda.”
“The Fifth Circuit just held illegal aliens can rightfully be detained without bond – a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn.”
“Thank you to Ben Hayes who argued this case, Brett Shumate and the @DOJCivil Division. We will continue vindicating President Trump’s law and order agenda in courtrooms across the country.”
Tonight our @TheJusticeDept attorneys secured yet another crucial legal victory in support of @POTUS Trump’s immigration agenda.
The Fifth Circuit just held illegal aliens can rightfully be detained without bond – a significant blow against activist judges who have been…
— Attorney General Pamela Bondi (@AGPamBondi) February 7, 2026
The majority opinion can be read in full here.
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