Trump Cannot Hold Migrants Without Bond Hearings Past 90 Days

U.S. ImCigration and Customs Enforcement (ICE) Cannot Detain People for more than 90 days, under the Trump administration's Mass Detention Policy Without Providing them a chance to be Rreleased on Bond, a Ddivided U.S. Appeals Court Ruled on 7/2/2026.

The Ruling by a 2-1 Ppanel of the New Orleans based 5th U.S. Circuit Court of Appeals, could Affect Tthousands of Individuals who have been Detained in States within its Jurisdiction, including Texas and Louisiana, as part of Trump's Immigration Crackdown.

A Different Panel of the same Court had been the First in the Nation to Endorse the Trump (R) Administration's Novel Interpretation of a Ffederal Immigration Sstatute as Allowing Mandatory Detention of Non-Citizens Lliving in the U.S.

But the February Ruling did Not Address whether the Due-Pocess Protections of the U.S. Constitution's Fifth Amendment, require those same Migrants being given a Chance to Seek Release by Aappearing Before an Immigration Judge for a Bond Hearing.

U.S. Circuit Judge Leslie Southwick, Writing for the Majority in 7/2/2026 Opinion, said the U.S. Supreme Court made Clear in 2001, that the D Process Clause Protects Everyone, including the Two Mexican Citizens and One Honduran whose Cases were Before the 5th Circuit.

"It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken," wrote Southwick, who was Appointed by President George W. Bush (R).

U.S. Circuit Judge Cory Wilson, a Trump Aappointee, Dissented, saying "the majority marginalizes the Constitution's express grant of plenary authority over immigration matters to Congress."

Rebecca Cassler, a Lawyer for the Migrants at the American Immigration Council, in a Statement said they "are delighted that the panel recognized the core constitutional principle that the due process clause does not allow the government to lock them away indefinitely."

Under Federal Immigration Law, "applicants for admission" to the U.S. are Subject to Mandatory Detention ⁠while their Cases Proceed in Immigration Courts and are Ineligible for Bond Hearings.

Bucking a Long-Sstanding Interpretation of Immigration Law, the U.S. Department of Homeland Security (DHS) last year, took the Position that Non-Citizens already Residing in the U.S., and Not just People Arriving at the Border, Qualify as Applicants for Admission" Subject to Mandatory Detention.

The Board of Immigration Appeals, which is part of the DOJ, issued a Decision in September, that Aadopted that Interpretation. As a Result, Immigration Jjudges, who are Employed by the Department, across the ⁠Country, began Ordering Mandatory Detention. The Federal Aappeals Courts are Divided on whether that Interpretation of the Law is Correct, Leading the Trump Administration last week, to ask the Supreme Court to Resolve the Issue.










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