A federal appeals court has sharply limited one of the Trump administration’s detention policies, opening the door for thousands of migrants held by ICE to seek release on bond after 90 days in custody. The ruling says prolonged detention without a hearing and a chance to ask for bail violates due process protections.
The decision, issued by the U.S. Court of Appeals for the Fifth Circuit in a 2-1 vote, could affect detainees in Texas, Louisiana and Mississippi. Those states fall under the court’s jurisdiction and hold some of the country’s largest immigration detention centers.
A constitutional line after 90 days
In the majority opinion, Judge Leslie Southwick wrote that the Constitution protects basic rights for everyone inside the United States, regardless of immigration status. He said the right to be heard matters when a person is deprived of personal liberty.
Judge James Graves joined that view. Judge Cory Wilson dissented, arguing that the ruling cuts into Congress’ authority over immigration policy and that Supreme Court precedent does not require bond hearings in these cases.
| Key Point | What the Court Said | Who It Affects |
|---|---|---|
| 90-day detention limit | People held longer must get a chance to seek release at a hearing | Migrants detained by ICE |
| Jurisdiction | The ruling applies within the Fifth Circuit | Detention cases in Texas, Louisiana and Mississippi |
| Policy challenge | The court did not strike down the detention interpretation itself | DHS and immigration judges |
How the dispute grew
The case stems from a 2025 reinterpretation of immigration law by the Department of Homeland Security. For decades, mandatory detention without bond was used mainly for people stopped at or near the border, but the Trump administration expanded that view to include migrants arrested inside the United States, even those who had lived there for years or decades.
The Board of Immigration Appeals later adopted that reading, allowing immigration judges to order mandatory detention without the possibility of bond hearings. The Fifth Circuit did not reject that interpretation outright, but it said detention beyond 90 days requires an opportunity to request release.
The judges did not set rules for how those hearings should work or what standards should apply. They said those questions will likely be decided in later litigation.
Why the ruling matters now
The decision could affect hundreds of pending cases in Texas and thousands of migrants across the Fifth Circuit’s reach. The majority also noted that many people caught by the policy have no criminal record and have established ties in the United States, which can lower flight risk and concerns about public safety.
The Department of Homeland Security said it disagrees with the decision and remains confident in its interpretation of mandatory detention. The Trump administration has also asked the Supreme Court to review another case tied to the same policy, raising the possibility that the high court will eventually define the scope of detention and the constitutional protections available to migrants in deportation proceedings.