On April 29, 2026, the U.S. Court of Appeals for the Fifth Circuit heard arguments that could impact the rights of individuals in immigration detention to challenge their confinement.
On April 29, the U.S. Court of Appeals for the Fifth Circuit convened to hear oral arguments in a series of cases that may determine whether individuals can be held in immigration detention without the opportunity to contest the legality of their confinement while their cases are pending.
At the heart of this legal debate is a fundamental constitutional principle: the right of individuals to have a meaningful opportunity to challenge their detention.
The Fifth Circuit previously ruled that current immigration laws permit the government to detain any individual who did not enter the country lawfully, including long-term U.S. residents with strong family and community ties, without providing them a chance to contest their detention. The government is now seeking to reverse lower court decisions that recognized the constitutional right of three men, who have lived in the U.S. for over a decade, to challenge their immigration detention.
Rebecca Cassler, senior litigation attorney at the American Immigration Council, who argued the case, expressed concern over the government’s position. “The government is arguing it can keep people in immigration detention without ever having to justify it,” she said. “This would supercharge mass detention at a time when there’s already a record number of people dying in these overcrowded and abuse-prone facilities. It would mean that millions of people who have been in the United States for years or decades, with deep ties to this country, could end up in jail with no real chance to argue for release. That should concern anyone who believes in basic constitutional protections.”
The cases center on three fathers of U.S. citizen children—longtime residents of Texas with no criminal history—who were arrested during routine traffic stops and subsequently detained without any judicial review of the necessity of their confinement. The American Immigration Council and the National Immigration Project are representing these three men, whose cases have been consolidated for appeal.
In 2025, the U.S. Immigration and Customs Enforcement (ICE) agency ceased allowing certain detained immigrants the opportunity for release while their immigration cases progressed, following a controversial interpretation of immigration laws by the Trump administration. This policy has faced legal challenges, with federal judges across the country ruling that it violates existing laws.
Despite these rulings, the Fifth Circuit, which oversees Texas, Louisiana, and Mississippi—states with significant populations of individuals in immigration detention—upheld the administration’s interpretation in February. Lower courts, however, found that immigrants like the three men involved in this case could challenge their detention on constitutional grounds. The government is now appealing to the Fifth Circuit to assert that most immigrants lack a constitutional right to seek release from detention while their cases are ongoing.
Ellie Norton, Senior Staff Attorney at the National Immigration Project, emphasized the implications of the government’s stance. “The people locked up under this policy are parents, neighbors, and community members who have been part of this country for years,” she stated. “The government wants a blank check to jail anyone it chooses without ever having to look a judge in the eye and explain why. That is authoritarian detention and a dramatic break from decades of legal precedent.”
The right to contest government detention is a cornerstone of the U.S. justice system, ensuring that individuals who do not pose a danger to the community or a flight risk cannot be unjustly imprisoned. The Trump administration’s argument that most immigrants should not have this right raises serious concerns about the potential erosion of democratic principles and the limits of governmental authority.
“This case tests a basic constitutional principle: that the government must justify taking away someone’s liberty,” Cassler noted. “Without that safeguard, people will be locked up even when detention isn’t necessary, with no meaningful chance to challenge it.”
The American Immigration Council is dedicated to fostering a more equitable and welcoming immigration system. Through litigation, research, and initiatives that enhance access to legal assistance, the Council aims to ensure that immigrants are embraced, communities are enriched, and justice prevails for all. For more information, follow the Council on BlueSky @immcouncil.org and Instagram @immcouncil.
The National Immigration Project is a membership organization comprised of attorneys, advocates, and community members committed to ensuring that all individuals are treated with dignity and have the opportunity to thrive. The organization engages in litigation, advocacy, and education to support those most affected by the immigration and criminal justice systems. Learn more at nipnlg.org and follow the National Immigration Project on BlueSky, Facebook, Instagram, and Threads at @NIPNLG.
According to American Immigration Council, the outcome of this case could have far-reaching implications for the rights of individuals in immigration detention.
