5th Circuit Rejects ICE Detention Policy, Orders Bond Hearings for Long-Term U.S. Residents
Updated
Updated · POLITICO · Jul 30
5th Circuit Rejects ICE Detention Policy, Orders Bond Hearings for Long-Term U.S. Residents
2 articles · Updated · POLITICO · Jul 30
Summary
A federal appeals court ruled long-term U.S. residents in deportation proceedings cannot be held under ICE’s blanket detention policy without a bond hearing before an immigration judge.
Judge Daniel Bress wrote that the administration’s reading would mean Congress quietly imposed mandatory detention on millions in 1996, a sweeping change the court said lawmakers did not clearly make.
The policy shift has already driven more than 10,000 habeas cases nationwide, with over 460 federal judges rejecting the government’s approach versus 54 judges backing it in about 1,100 cases.
The ruling deepens a 5-2 split among appeals courts, with decisions still pending in four circuits and the dispute now appearing headed for Supreme Court review.
Could a looming Supreme Court showdown redefine the freedom of millions living quietly in the US for decades?
60,000 Detained, Rights in Question: The 2026 Circuit Split Over Trump’s No-Bond Immigration Policy and the Coming Supreme Court Showdown
Overview
This report traces how the Trump administration’s July 2025 no-bond detention policy led to severe family separations and hardship across Gulf Coast states. After three Texas men were arrested and detained without bond, federal courts ordered their release, but the administration appealed. In July 2026, a divided 5th Circuit panel ruled the policy unconstitutional, only for the decision to be stayed, leaving thousands in legal limbo. The upcoming en banc rehearing vacated the panel’s ruling, while local governments benefited financially from detention contracts. Meanwhile, a new judicial trend threatens to block detainees’ constitutional challenges from federal courts, deepening the crisis.