Why It Matters
The 5th U.S. Circuit Court of Appeals ruled that certain immigrants in ICE detention may be held indefinitely without bond hearings. The decision applies in Texas, Louisiana and Mississippi, including to some long-term U.S. residents and people who enter the country in the future.
What Happened
In a 10-7 decision issued Friday, the full court reversed a three-judge panel’s ruling that required bond hearings after 90 days for three immigrant fathers detained without bond in Texas.
The court held that people in ICE detention do not have a constitutional due process right to such hearings. Judge Cory Todd Wilson wrote that long-term U.S. residents remain “applicants for admission.”
Seven judges dissented. Judge Leslie H. Southwick wrote that “statutory admission status does not decide when aliens gain due process rights.”
The full court reconsidered the panel decision 10 days after it was issued. Federal district courts within the circuit retain discretionary habeas corpus authority, but the ruling is expected to prevent nearly all such petitions from being granted on constitutional grounds.
Andrei Zykov, detained at the Adams County Correctional Center in Mississippi, said the facility has held more than 2,600 people for weeks.
By the Numbers
10-7 — vote in the 5th Circuit decision
3 — immigrant fathers involved in the case
More than 20,000 — people held indefinitely in detention centers in Texas, Louisiana and Mississippi
More than 40% — share of all ICE detainees held by those three states, by average daily population
90 days — period after which the earlier panel required bond hearings
10 days — time before the full court reconsidered the panel ruling
2,200 — designed capacity of the Adams County Correctional Center
More than 2,600 — people reportedly held at the facility
Zoom Out
The 5th Circuit is one of two federal appellate circuits that have upheld the Trump administration’s mandatory detention policy. More than 80,000 petitions seeking release were filed nationally in 2025, with about a quarter filed within the 5th Circuit.
The Supreme Court has agreed to hear a similar case from the 8th Circuit Court of Appeals. Rebecca Cassler of the American Immigration Council called the ruling “an affront to the U.S. Constitution.”
What’s Next
The Supreme Court’s review of the 8th Circuit case may provide further guidance on mandatory detention and bond hearings. In the 5th Circuit, district courts in Texas, Louisiana and Mississippi retain discretionary habeas corpus authority.