On April 29, 2026, the U.S. Court of Appeals for the Fifth Circuit heard arguments that could redefine the rights of individuals in immigration detention, raising significant constitutional concerns.
On April 29, the U.S. Court of Appeals for the Fifth Circuit convened to hear oral arguments in a pivotal set of cases that could determine whether individuals can be held in immigration detention without the opportunity to challenge the legality of their confinement while their cases progress.
At the heart of this legal debate is a fundamental constitutional principle: the right to a meaningful opportunity to contest one’s detention.
The Fifth Circuit previously ruled that 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 the chance to contest their detention. The government is now seeking to reverse lower court decisions that affirmed 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 stated. “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 around three fathers of U.S. citizen children, all longtime residents of Texas with no criminal history. They were arrested following routine traffic stops and were immediately detained without any review of the necessity of their confinement. The American Immigration Council and the National Immigration Project represented these men, whose cases were consolidated for appeal.
In 2025, the U.S. Immigration and Customs Enforcement (ICE) agency ceased allowing certain detained immigrants the opportunity for release as 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 finding it in violation of the law.
Despite this, the Fifth Circuit, which oversees Texas, Louisiana, and Mississippi—states with the highest populations of individuals in immigration detention—ruled in February that the administration’s interpretation was permissible under federal immigration law. However, lower courts have maintained that immigrants like the three men involved in this case possess the constitutional right to contest their detention. The government is now asking the Fifth Circuit to declare that most immigrants lack the constitutional right to seek release from detention while their cases are pending.
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 said. “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 challenge government detention is a cornerstone of the U.S. justice system, ensuring that individuals who pose no danger to the community or flight risk cannot be unjustly confined. The Trump administration’s argument that most immigrants should not be afforded this right sets a troubling precedent for democracy 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 welcoming and equitable immigration system. Through litigation, research, and programs aimed at expanding access to legal assistance, the Council strives to ensure that immigrants are embraced, communities are enriched, and justice prevails for all.
The National Immigration Project is a membership organization composed of attorneys, advocates, and community members who believe in the dignity and freedom of all individuals. The organization engages in litigation, advocacy, and education to support those most affected by the immigration and criminal justice systems.
For more information, follow the American Immigration Council on BlueSky @immcouncil.org and Instagram @immcouncil, and the National Immigration Project on BlueSky, Facebook, Instagram, and Threads at @NIPNLG.
According to American Immigration Council.