A federal appeals court on Wednesday upheld a policy allowing U.S. immigration authorities to detain large numbers of migrants without bond while they await deportation proceedings, marking a significant legal victory for the Trump administration.
In a 2 to 1 ruling, the U.S. Court of Appeals for the Eighth Circuit determined that federal law permits and in many cases requires the Department of Homeland Security to hold certain noncitizens in custody without offering bond hearings. The decision focuses on the case of Joaquin Herrera Avila, a Mexican national arrested in Minneapolis last year and detained without bond. A lower court had previously ordered his release, but the appellate panel reversed that decision.
Judge Bobby Shepherd, writing for the majority and joined by Judge L. Steven Grasz, concluded that individuals who entered the United States without formal admission may be treated as applicants for entry and therefore subject to mandatory detention under immigration law. In a dissent, Judge Ralph Erickson argued the interpretation departs from decades of precedent, noting that past administrations had limited such detention primarily to recent border arrivals.
The ruling marks the second time a federal appellate court has backed the administration’s position, following a similar decision by the U.S. Court of Appeals for the Fifth Circuit earlier this year. Together, the decisions strengthen the government’s legal footing as it seeks broader authority to detain migrants during removal proceedings.
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The policy has faced widespread resistance in lower courts, where hundreds of federal judges have ruled against the government in thousands of cases, often citing due process concerns. Legal challenges continue, with some courts exploring whether constitutional protections may still require bond hearings despite the appellate rulings.
Attorney General Pam Bondi praised the outcome as a “MASSIVE COURT VICTORY,” emphasizing that the administration intends to enforce the law as interpreted by the courts.
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