A federal appeals court has upheld the Trump administration’s policy allowing the detention of illegal immigrants without bond hearings, marking a significant legal victory for its immigration enforcement strategy.
A federal appeals court has ruled that the Department of Homeland Security (DHS) can lawfully detain illegal immigrants nationwide without bond hearings. This decision represents a major legal win for the Trump administration’s immigration enforcement policy.
On Friday, the 5th U.S. Circuit Court of Appeals issued a 2-1 ruling affirming that the DHS has the authority to deny bond hearings to immigrants arrested across the country under both the Constitution and federal immigration law.
Attorney General Pam Bondi hailed the ruling as a crucial legal victory for the Department of Justice (DOJ) in support of President Donald Trump’s immigration agenda. In a statement on X, she remarked, “The Fifth Circuit just held illegal aliens can rightfully be detained without bond — a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn.” She expressed gratitude to the legal team involved in the case and emphasized the DOJ’s commitment to upholding Trump’s law and order agenda in courtrooms nationwide.
Circuit Judge Edith H. Jones, writing for the majority, stated 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.” This ruling effectively eliminates the opportunity for many illegal immigrants, who previously could request bond hearings as their cases progressed, to gain release while awaiting their immigration proceedings.
Under prior administrations, some illegal immigrants without criminal records who were not deemed flight risks were often granted bond. However, Judge Jones noted that the decision of previous administrations to exercise less than their full enforcement authority does not negate the current administration’s legal authority to detain individuals without bond.
In dissent, Circuit Judge Dana M. Douglas expressed concern over the implications of the ruling. She argued that lawmakers who enacted the Immigration and Nationality Act approximately 30 years ago would be surprised to learn that it mandated the detention without bond of millions of individuals. Douglas highlighted that some of those detained are family members of American citizens, including spouses, parents, and grandparents.
The ruling stems from two separate cases filed last year against the Trump administration, both involving Mexican nationals who had lived in the United States for over a decade and were not considered flight risks, according to their attorneys. Despite having no criminal records, both individuals were detained for months before a lower court in Texas granted them bond last October.
This decision by the 5th Circuit adds to the ongoing legal debates surrounding immigration policy and enforcement in the United States. The implications of the ruling could significantly affect the lives of many immigrants living in the country.
According to the Associated Press, the ruling is likely to provoke further legal challenges and discussions regarding the balance between immigration enforcement and the rights of individuals within the U.S.