5th Circuit Rules Illegal Immigrants Not Entitled to Bond Hearings
27th October 2026
- The 5th U.S. Circuit Court of Appeals ruled 10-7 that illegal immigrants in ICE custody during removal proceedings do not have a constitutional right to bond hearings.
- The en banc court reversed a prior panel decision that found the detention policy violated due process rights and sided with the Trump administration’s arguments on mandatory detention.
- The ruling comes ahead of a Supreme Court case addressing similar questions about federal immigration detention statutes and the rights of detained immigrants.