Appeals Court Rules on the Detention of Illegal Aliens Without Bond
10th February 2026
Now the Fifth Circuit has said it’s not a requirement to send them back to the community while waiting deportation. The decision was 2-1.
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Basically, the idea is that the government has the authority to do this under statute, even if many previous governments declined to do it. The dissenting judge noted that, “some of the people detained are ‘the spouses, mothers, fathers, and grandparents of American citizens.’” For a substantial portion of that group, that would almost certainly be because their American-citizen children and grandchildren were born here after the parents or grandparents had entered illegally. If Congress wants to exempt the older generations and grandfather (literally) them in to citizenship or amnesty, all Congress has to do is pass a law to that effect.