A federal appeals court has told the government that some immigrants it wants to hold until deportation must, at least, get a chance to ask a judge for release.
What the court ruled
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, ruled 2-1 on Thursday that the Trump administration may not detain certain undocumented immigrants for more than 90 days without a bond hearing, The Texas Tribune reported. The case involves people who had lived in the United States for years before being arrested — not migrants stopped at the border.
"Our only requirement is that a hearing must be held within 90 days of the commencement of detention and that at the hearing, the Government must articulate an individualized justification for further detention without bond," the majority wrote, according to the Tribune. In other words, the government can still seek to keep someone locked up, but must make a case-by-case argument to a judge rather than rely on a blanket rule.
The majority opinion was written by Judge Leslie H. Southwick, an appointee of President George W. Bush. A judge appointed by President Obama agreed with the result but wanted a shorter deadline; a Trump appointee dissented.
Who brought the case
The challenge came from three men who, according to the Tribune, had each lived in the country for at least 14 years, held jobs and have U.S.-citizen children before being taken into custody after encounters with law enforcement in Texas. They argued that holding them indefinitely, with no opportunity to seek release, violated their constitutional rights.
The court agreed that the Fifth Amendment's due-process protections apply, reasoning that immigrants with established ties in the country are entitled to more protection than recent arrivals. Part of the fight is technical: the administration treats such immigrants as subject to mandatory detention, while the plaintiffs say they fall under a provision of immigration law that allows bond hearings.
The government's position
The administration adopted its no-bond policy in July 2025, arguing that federal immigration law directs officials to hold undocumented immigrants until they can be removed and does not guarantee them a bond hearing. Government lawyers have maintained that Congress authorized mandatory detention. The ruling binds only the Fifth Circuit — Texas, Louisiana and Mississippi — and is not a nationwide order.
A split headed to the high court
The decision lands amid growing disagreement among the courts. A separate appeals court recently ordered a bond hearing for a longtime Oklahoma resident, and a federal judge in California has certified a nationwide class of immigrants challenging the same policy, according to the American Civil Liberties Union. The Supreme Court has agreed to take up the underlying question and is expected to hear arguments in its term beginning in October, CNN reported. Until the justices weigh in, whether a detained immigrant can even ask for release after 90 days will keep depending on where in the country they are held.
