Fifth Circuit allows ICE to detain unlawful entrants without bond
A major US court just ruled that Immigration and Customs Enforcement (ICE) can keep certain immigrants who entered the country without lawful admission in detention during deportation, without giving them a bond hearing first.
This 10-7 decision from the US Court of Appeals for the Fifth Circuit on October 23, 2026, overturns earlier lower-court orders in Texas, Louisiana, and Mississippi that required those hearings.
The move backs the Trump administration's expanded detention policy.
Fifth Circuit judges warn constitutional harm
The case started when three immigrants challenged being held without a hearing. At first, lower courts agreed with them.
But now the full court says federal law requires detention for some immigrants who are not clearly allowed into the US
Seven judges disagreed strongly, warning this could mean long detentions without due process and could especially hurt the constitutional protections available to immigrants held in prolonged detention without an opportunity to seek release.