On April 29, 2026, the U.S. Court of Appeals for the Fifth Circuit heard arguments that could reshape the landscape of immigration detention and challenge constitutional rights.
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.
The core issue at stake is a fundamental constitutional principle: the right to a meaningful opportunity to challenge one’s detention.
Previously, the Fifth Circuit ruled that immigration laws permit the government to detain any individual who has not entered the country lawfully. This ruling applies even to long-term U.S. residents with established family and community ties, who are not afforded the chance to contest their detention. The government is now seeking to reverse lower court decisions that recognized a constitutional right for three men, who have lived in the United States for over a decade, to challenge their immigration detention.
Rebecca Cassler, a senior litigation attorney at the American Immigration Council, who presented the case, stated, “The government is arguing it can keep people in immigration detention without ever having to justify it. 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 of whom are long-time Texas residents with no criminal history. These men were arrested during 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 are advocating for these three men, whose cases have been consolidated for appeal.
In 2025, Immigration and Customs Enforcement (ICE) 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. Federal judges across the country have ruled that this policy violates existing laws in numerous cases.
Despite this, the Fifth Circuit, which oversees Texas, Louisiana, and Mississippi—states with significant populations of individuals in immigration detention—ruled in February that the administration’s interpretation was permissible under federal immigration law. Lower courts, however, found that immigrants like the three men at the center of this case could challenge their detention on constitutional grounds. The government is now asking the Fifth Circuit to declare that most immigrants lack a constitutional right to seek release from detention while their cases are pending.
Ellie Norton, Senior Staff Attorney of the National Immigration Project, remarked, “The people locked up under this policy are parents, neighbors, and community members who have been part of this country for years. 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 the government’s decision to detain an individual is a cornerstone of the U.S. justice system. It ensures 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 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 added. “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 that enhance access to legal assistance, the Council works to ensure that immigrants are embraced, communities are enriched, and justice prevails for all. Follow the organization on BlueSky @immcouncil.org and Instagram @immcouncil.
The National Immigration Project is a membership organization comprised 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 uplift and support those most affected by the immigration and criminal justice systems. Learn more at nipnlg.org and follow them on BlueSky, Facebook, Instagram, and Threads at @NIPNLG.
According to American Immigration Council.
