Appeals Court Rules Against Long-Term Detention of Immigrants Without Bond

An appeals court ruled on July 3, 2026, that U.S. Immigration and Customs Enforcement (ICE) cannot detain immigrants for more than 90 days without allowing them to seek release on bond during their deportation proceedings. The Fifth U.S. Circuit Court of Appeals issued a 2-1 decision that may impact thousands of immigrants detained in Texas and Louisiana. Judge Leslie Southwick, writing for the majority, referenced a 2001 U.S. Supreme Court ruling affirming that the due process clause protects all individuals within U.S. borders. In dissent, Judge Cory Wilson argued that the ruling undermines Congress's authority over immigration matters. The Department of Homeland Security expressed disagreement with the ruling and remains confident in its legal stance on mandatory detention. The case follows a previous ruling that did not address the due process implications of mandatory detention for non-citizens already in the U.S.