Fifth Circuit Ends Bond Hearings for Detained Immigrants, Backing Trump
En banc appeals court rules the Constitution does not require bond hearings for migrants ICE deems "seeking admission," blocking thousands of judge-ordered releases.
Part of a larger narrative
Trump Administration Election Challenges
- UCLA analysis finds 42% of DOJ's noncitizen voter list doesn't match California rolls
- Supreme Court rejects Trump bid to block 20,000 California midterm ballots
- Trump DOJ issues grand jury subpoenas to California election officials
- Supreme Court declines to revive Biden-era deportation-pause rule
- Appeals Court Revives Trump DOJ's Power to Pressure Election Officials Before Midterms
What to know
- Fifth Circuit (10-7 en banc) ruled the Constitution does not guarantee bond hearings for immigrants classified as "seeking admission," even after prolonged detention.
- The decision overrides more than 21,150 prior lower-court rulings that had ordered detainees released on bond.
- It deepens a circuit split: at least nine other appeals courts have rejected the administration's interpretation while only the 8th Circuit agrees.
- The Supreme Court has already agreed to hear a related case, Rhoney v. Barbosa da Cunha, with arguments Nov. 4 and a ruling expected by June.
Cory Wilson Fifth Circuit judgePriscilla Richman Fifth Circuit judgeJames Percival DHS counsel
Donald Trump PresidentICE Immigration and Customs Enforcement
How it unfolded 2 developments, newest first · click a bar or a number to jump articlesposts
-
2
Ruling blocks over 21,000 prior release orders, heads toward SCOTUS
Reporting noted the decision chokes off the due-process argument lower-court judges had used in more than 21,150 rulings against detention, and that the case will likely reach the Supreme Court amid a deep circuit split — at least nine circuits have rejected the administration's reading while only the 8th Circuit has upheld it.
“Big win in the Fifth Circuit on mandatory detention for illegal aliens, a principle codified in 1996 legislation but ignored by the deep state for decades…”
— James Percival -
BREAKING: The U.S. 5th Circuit Court of Appeals just ruled that illegal aliens detained by ICE DO NOT have a constitutional right to receive bond for the duration of their immigration proceedings. MAJOR WIN
2 more of the top 3 · 3 posts in this stretch
-
H
Immigrants who entered the country illegally don’t have a right to seek bond while they're in custody and going through deportation proceedings, even if they’ve set roots in the U.S., a federal appeals court ruled Friday. https://www. houstonpublicmedia.org/article…
-
Federal Judges Rule ICE Can Keep Detaining People Indefinitely https:// newrepublic.com/post/217076/fe deral-court-donald-trump-ice-detain-people-indefinitely?utm_source=flipboard&utm_medium=activitypub Posted into The ICE Election @ the-ice-election-ElectionCentral
-
-
1
Fifth Circuit rules the Constitution does not require bond hearings
The full 17-member Fifth Circuit, voting 10-7 (9-judge majority plus a concurrence in the result, versus 7 dissenters), ruled in Sosnava Rodriguez v. Ortega that three men who entered the U.S. unlawfully and were never admitted have no Fifth Amendment right to bond hearings beyond what Congress has provided.
“Due process does not entitle them to additional proceedings beyond what Congress has provided before they may be detained pending removal.”
— Judge Cory Wilson -
background
Supreme Court agrees to review the broader detention dispute — The justices agreed to take up Rhoney v. Barbosa da Cunha, which will decide whether federal law requires the government to detain people who entered illegally and were never admitted; arguments are set for Nov. 4 with a ruling expected by June.
-
background
Fifth Circuit panel upholds detention policy as statutory matter — A three-judge Fifth Circuit panel first upheld the Trump administration's policy of treating long-resident illegal immigrants as people "seeking admission," a category subject to mandatory detention without bond hearings. Lower-court judges in the circuit continued ordering releases on constitutional due-process grounds.
Also covered reported alongside — the timeline has no entry for these yet
-
first by The Texas Tribune, 15d ago · also Texas Tribune, San Antonio Current, Hindustan Times
2 more headlines
- Trump administration can hold immigrants in ICE custody without bond, court rules Texas Tribune · 15d ago
- US court backs ICE power to hold immigrants without bond as deportation cases proceed Hindustan Times · 15d ago
-
first by NYT, 15d ago · also Washington Examiner, Washington Times, NYT Politics
2 more headlines
- Appeals court sides with Trump on indefinite illegal immigrant detention policy Washington Examiner · 15d ago
- Appeals court says Trump's immigration detention policies are constitutional Washington Times · 15d ago
-
first by Bloomberg Law News, 15d ago · also Courthouse News, Courthouse News Service
1 more headline
- Fifth Circuit rules Trump mandatory detention policy constitutional Courthouse News · 15d ago
and 6 smaller pieces