A federal appeals court has upheld the Trump administration’s policy allowing the mandatory detention of immigrants without bond, marking the first time an appellate court has endorsed the approach after it was repeatedly blocked by lower courts.
In a 2–1 decision issued Friday, the New Orleans-based 5th U.S. Circuit Court of Appeals ruled that the Department of Homeland Security (DHS) may lawfully deny bond hearings to immigrants arrested anywhere in the United States. The court concluded that the policy is consistent with the Constitution and federal immigration law, including the Immigration and Nationality Act.
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Writing for the majority, Circuit Judge Edith H. Jones asserted that “unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States.” She added that earlier administrations’ more limited use of detention authority did not mean the government lacked the legal power to expand enforcement.
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The ruling stems from two lawsuits filed last year by Mexican nationals who had lived in the United States for more than a decade and had no criminal records. Both were detained for months before a lower court in Texas granted them bond. Their attorneys argued the men were not flight risks and were unlawfully denied bond hearings under a new interpretation adopted by DHS and the Board of Immigration Appeals.
Attorney General Pam Bondi welcomed the decision, posting on X that it dealt “a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn.” She added that the Justice Department would continue defending the administration’s immigration policies in court.
In dissent, Circuit Judge Dana M. Douglas warned that Congress “would be surprised to learn it had also required the detention without bond of two million people,” noting that many detainees are close relatives of U.S. citizens. Other federal appeals courts are expected to consider similar challenges in the coming weeks, potentially setting the stage for Supreme Court review.
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