Fifth Circuit Rules Long-Term Residents Lack Constitutional Right to Bond Hearings

Key points

• The Fifth Circuit ruled that noncitizens detained by ICE lack a Fifth Amendment right to bond hearings, as they are considered 'seeking admission' rather than admitted residents.
• Judge Cory Wilson stated that detainees can be released 'at any moment' by agreeing to leave the country, dismissing due process claims as too abstract.
• Seven judges dissented, with Judge Leslie Southwick calling the majority’s stance an 'impenetrable wall' between the Constitution and long-term residents.
• The ruling affects thousands of immigrants in the Fifth Circuit, particularly in Texas and Louisiana, where detention centers are concentrated.
• The Supreme Court has separately agreed to review whether the mandatory detention policy correctly interprets the 1996 immigration statute.

Background

This ruling follows a series of lower court defeats for the Trump administration’s mandatory detention policy, including a recent decision by the Fourth Circuit. The policy, which began in 2025, classifies long-term residents as 'seeking admission,' denying them bond hearings that were standard under previous administrations. The Supreme Court is expected to rule on the statutory legality of this policy, potentially reshaping detention practices for tens of thousands of individuals.

How outlets are covering it

Bloomberg Law and The New York Times emphasize the constitutional implications, noting that the Fifth Circuit is an outlier among appellate courts, with nine circuits having ruled against the policy. Politico highlights the practical impact, stating that the ruling shores up ICE’s mass detention efforts in Texas. Dissenting judges, including Judge Dana Douglas, criticized the majority for 'detonating the core of the Due Process Clause,' while Trump appointees like Judge James Ho argued that judicial inquiry into immigration detention is 'un-American.' The administration’s top lawyer, James Percival, hailed the decision as a 'big win,' while critics called it 'sadly predictable.'

Why it matters

The decision removes a key legal tool for judges to release detained migrants, potentially leading to longer detention periods for individuals with no criminal history. It also sets the stage for a Supreme Court review, which could determine the future of mandatory detention policies nationwide.

What to watch

The Supreme Court is expected to rule on the statutory basis of the mandatory detention policy, which could either uphold or overturn the Fifth Circuit’s constitutional ruling. Attorneys for the petitioners may seek further appeals or challenge the policy in other circuits.