Full Fifth Circuit upholds Trump policy denying bond hearings to unlawful entrants

The full U.S. Court of Appeals for the Fifth Circuit ruled Friday that immigrants who entered the country unlawfully have no constitutional right to a bond hearing to challenge their detention. The decision upholds a Trump administration policy of mandatory detention for all unauthorized immigrants, no matter how long they have lived in the United States ¹.

The ruling reverses a three-judge panel of the same court. That panel had found the policy unconstitutional as applied to three immigrants who had each been in the country for more than a decade ¹. In July, that panel ruled 2-1, with Judge Cory Wilson dissenting, according to a Fox station report that credited Reuters ².

What the court said

Wilson, a Trump appointee, wrote the majority opinion. He said the immigrants had never been formally admitted to the country, so due process does not entitle them to more hearings than Congress has provided ¹. He also wrote that whether a person is a flight risk or a danger to the public is legally irrelevant to whether they can be detained under the law ¹.

Judge Leslie Southwick, an appointee of President George W. Bush, wrote a dissent joined by five judges. Judge Stephen Higginson, an Obama appointee, wrote a separate dissent joined by five judges. He argued that the policy does not comply with immigration law ¹.

The majority is saying that these individuals have no fundamental interest in freedom from physical detention because of their illegal presence. I cannot agree,

Judge Catharina Haynes, also a Bush appointee, agreed with the "basic points" of Southwick's dissent. She would limit it to people who have lived here more than ten years, have no criminal history and have close American relatives ¹.

Reaction

Department of Homeland Security General Counsel James Percival praised the ruling on X. He called it a "Big win in the Fifth Circuit on mandatory detention for illegal aliens" ¹.

Rebecca Cassler of the American Immigration Council represents the three immigrants. She called the ruling "an affront to the U.S. Constitution" ¹.

The principle at stake here is simple: if the government wants to detain someone, it has to explain why depriving them of their liberty is necessary. And anyone who is detained has the right to ask a judge for review of that detention,

A split among the courts, and the Supreme Court ahead

For decades, people caught at or near the border were held without bond hearings, while immigrants arrested inside the country could ask an immigration judge for bond ¹. Last year the administration changed that. It now treats anyone who entered without lawful admission as an "applicant for admission" who can be held without a bond hearing ¹.

The administration has mostly lost in court. A Politico analysis found judges appointed by presidents of both parties ruled the policy illegal or unconstitutional in more than 20,000 cases, and nine of the 11 federal appeals courts to address the issue have ruled against the administration ¹. An earlier Fifth Circuit panel ruling, which sided with the administration on the statute, conflicts with rulings from nine other circuits ¹.

Earlier this month the U.S. Supreme Court said it would hear a case on whether the policy complies with the Immigration and Nationality Act ¹. That case concerns the statute, so the justices could settle the question for the whole country.

That matters because the fight is about a basic check on government power. Under this ruling, a person with no criminal record and decades of roots here can be held with no judge asking whether the detention serves any purpose. The Fifth Circuit covers Texas, Louisiana and Mississippi, so the ruling's immediate effect falls on people held there.

The Record

1. Jul 2, 2026A Fifth Circuit panel ruled 2-1 against the Trump administration on bond hearings, with Judge Wilson dissenting ².
2. Oct 1, 2026The Supreme Court announced earlier this month that it would hear a case on whether the mandatory detention policy complies with the Immigration and Nationality Act ¹.
3. Oct 23, 2026The full Fifth Circuit reversed the panel and upheld the mandatory detention policy ¹.

Sources

1. Courthouse News, “Fifth Circuit rules Trump mandatory detention policy constitutional” (2026-10-24). courthousenews.com/fifth-circuit-rules-trump-mandatory-deten
2. FOX 4 Dallas-Fort Worth (with Reuters), “Appeals court rules ICE must allow bond hearings after 90 days of detention” (2026-07-04). fox4news.com/news/ice-detention-bond-hearings-90-day-ruling

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