Key Ruling on Detentions: U.S. Court Limits Immigrant Holds Without Bond Hearings

A U.S. federal appeals court has imposed limits on prolonged immigrant detentions, ruling that the Immigration and Customs Enforcement (ICE) cannot hold individuals for more than 90 days without providing an opportunity for a bond hearing. The decision by the Fifth Circuit Court of Appeals in New Orleans, a 2-1 majority, represents a significant legal challenge to the immigration policies enacted under the Trump administration. This ruling could affect thousands of migrants within the court's jurisdiction, which includes Texas, Louisiana, and Mississippi. Previously, the government's interpretation allowed for the mandatory detention of certain immigrants throughout their deportation proceedings. The majority opinion, written by Judge Leslie Southwick, asserted that the due process protections guaranteed by the U.S. Constitution extend to all individuals within the country, regardless of their immigration status. Citing a 2001 Supreme Court precedent, Southwick wrote, "It is part of the historic grandeur of this ancient charter of freedom that it makes no exceptions to its guarantee of basic rights to those within our borders, including the right to be heard when a person is deprived of liberty."

The case originated from the detentions of three men in Texas, who were arrested during traffic stops between November 2025 and February 2026. According to The Texas Tribune, these individuals had resided in the U.S. for at least 14 years, were employed, and had U.S. citizen children. After being transferred to ICE custody, they were held without being allowed to seek release on bond while their immigration cases proceeded. Federal judges had previously ordered their release, finding that their detention without a hearing violated their due process rights. The Fifth Circuit's decision now potentially alters the landscape for thousands facing similar circumstances, potentially escalating the matter to the Supreme Court.

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It is part of the historic grandeur of this ancient charter of freedom that it makes no exceptions to its guarantee of basic rights to those within our borders, including the right to be heard when a person is deprived of liberty.