5th Circuit Blocks Bond Hearings for ICE Detainees in 10-7 Split

Key points

• The 5th Circuit ruled 10-7 that noncitizens not formally admitted to the U.S. lack due process rights to bond hearings, regardless of their length of stay or lack of criminal history.
• Judge Cory Wilson, a Trump appointee, wrote the majority opinion stating Congress has broad authority over immigration policy and that detainees can be released by agreeing to leave the country.
• Judge Leslie Southwick, a George W. Bush appointee, led the dissent, calling the majority’s view an 'impenetrable wall' between the Constitution and long-term residents.
• The ruling reverses recent district court orders that granted bond hearings to over 2,000 ICE detainees in Texas since February 2026.
• The Supreme Court has agreed to hear a separate case challenging the statutory basis of the mandatory detention policy, expected to be a major decision this term.

Background

Since 2025, the Trump administration has mandated detention for individuals who entered the U.S. without permission, even if they have lived here for decades. This policy has faced widespread legal opposition, with nine of 11 federal appeals circuits rejecting it. In September 2026, the 5th Circuit had previously upheld the policy on statutory grounds, but district courts continued to grant bond hearings based on constitutional due process. The Supreme Court agreed in October 2026 to review the policy’s legality, focusing on whether a 1996 law applies to individuals far from the border.

How outlets are covering it

POLITICO emphasizes the ruling’s impact on thousands of detainees and highlights the deep split among judges, noting that 460 district court judges had previously rejected the policy. Bloomberg Law focuses on the legal reasoning, detailing Judge Wilson’s argument that Congress controls immigration policy and Judge Southwick’s dissent that due process applies to long-term residents. Both sources note the administration’s celebration of the win, but POLITICO stresses the constitutional concerns raised by advocates, while Bloomberg Law highlights the concurrence by Judge James Ho, who called habeas petitions 'un-American.'

Why it matters

The 5th Circuit’s ruling significantly strengthens the Trump administration’s mandatory detention policy in key states like Texas and Louisiana, potentially keeping thousands of long-term residents in detention without bond hearings. It sets the stage for a Supreme Court decision that could define the scope of due process for noncitizens nationwide. The ruling also deepens the divide between federal circuits, with only two supporting the policy, and may influence how district courts handle future habeas petitions.

What to watch

The Supreme Court is expected to rule on the statutory legality of the mandatory detention policy in its current term, potentially by June 2026. District courts in the 5th Circuit will likely stop granting bond hearings following this ruling, but other circuits may continue to allow them. Advocates may seek further appeals or challenge the policy in the Supreme Court, while the administration may expand detention efforts in the 5th Circuit states.