Immigration detainees who were not lawfully admitted to the United States do not have a constitutional right to a bail hearing. This was ruled by a 10-7 vote by the full panel of the Fifth Circuit Court of Appeals, which hears cases from Texas, Louisiana and Mississippi.
The decision allows federal authorities to detain immigrants during deportation proceedings, even when they have lived in the country for many years, have no criminal record and have family in the United States.
The case concerns three long-term residents
The proceedings concern three men from Mexico and Honduras who were detained in Texas between November 2025 and February 2026 during roadside checks. Each of them has lived in the United States for at least 14 years, has worked in the country and has children who are American citizens.
They were detained by immigration authorities without the opportunity to appear before an immigration judge and request release on bail. According to Reuters, the dispute arose after a July 2025 policy change by the Trump administration that made a broader group of immigrants subject to mandatory detention.
Judge Corey Wilson, a Trump appointee, wrote that people who were not legally admitted to the country only have rights expressly granted by Congress. According to him, if detainees want to be freed from physical restraint, “they can do so at any time by agreeing to leave the country“.
Court overturns 90-day ruling
In July, a three-judge panel of the same appeals court ruled that immigrants cannot be detained for more than 90 days without a hearing at which they can request release. The full court, however, reviewed the case and reversed that position.
Judge Dana Douglas, an appointee of President Joe Biden, dissented from the majority. She warned that “unchecked executive power to arrest and detain indefinitely” harkens back to dangerous periods in history.
In an interview with the Texas Tribune“, Rebecca Kasler, an attorney with the American Immigration Council, said the ruling turns due process rights into an “empty shell” for immigrants in Texas, Louisiana and Mississippi.
The case will go to the Supreme Court
The ruling is binding in the three states under the Fifth Circuit’s jurisdiction, but does not settle the issue nationwide. Other federal courts have reached different conclusions about whether immigrants detained inside the United States should receive a bail hearing.
The U.S. Supreme Court has already accepted a similar dispute involving the legal grounds for mandatory detention. The issue before the justices will be separate from the constitutional question decided by the Fifth Circuit.
Until a final Supreme Court decision is made, access to a bail hearing will depend on the detainee's legal status, the reason for the detention, and the federal appellate district in which the case is heard.
Sources: investing.com, texastribune.org