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, which may impact thousands of immigrants detained in Texas and Louisiana. Judge Leslie Southwick, in the majority opinion, 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 majority's decision undermines Congress's authority over immigration matters. The ruling follows a previous decision by the same court that supported the administration's interpretation of federal immigration law regarding mandatory detention. The Department of Homeland Security expressed disagreement with the ruling and remains confident in its legal stance on mandatory detention. The case highlights ongoing debates about the interpretation of immigration laws and the rights of detained individuals.
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Appeals Court Rules Against Extended Detention of Immigrants Without Bond
On July 3, 2026, the Fifth U.S. Circuit Court of Appeals ruled that ICE cannot detain immigrants for over 90 days without allowing them to seek bond. The decision, which may affect many detained individuals in Texas and Louisiana, was based on the due process protections outlined in the U.S. Constitution. The Department of Homeland Security disagreed with the ruling.
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Judge Leslie Southwick
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Original Headline
Appeals court blocks Trump admin from holding migrants without bond for over 90 days
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Appeals Court Rules Against Extended Detention of Immigrants Without Bond