A federal appeals court has substantially limited ICE’s ability to detain immigrants without bond under a newly expanded mandatory detention policy. The 5th Circuit Court of Appeals ruled that people detained by ICE while awaiting deportation proceedings must be afforded a bond hearing within 90 days or face a due process violation. This decision applies directly to Texas, where a significant concentration of ICE detainees are held.
What changed
ICE shifted policy in July 2025 to reinterpret decades-old mandatory detention laws, expanding them to apply to people apprehended in the interior of the country even if they established roots in the United States decades ago. The 5th Circuit’s 2-1 ruling concluded that detainees under this expanded policy must receive bond hearings within 90 days.
The panel did not prescribe the format or standards of the bond hearings; though judges emphasized dangerousness and flight risk as typical bases for bond determinations, the administration retains discretion over the ultimate decision and standard of proof.
Why it matters
The 5th Circuit’s decision carries outsized influence because it governs immigration lawsuits in Texas, where a disproportionate number of ICE detainees are held. The ruling is likely to reverberate quickly in hundreds of cases brought by ICE detainees in Texas who have challenged their detention and been denied release or a bond hearing.
The flood of emergency lawsuits across the country has led judges nationwide to overwhelmingly rebuke the policy as illegal and unconstitutional, with the fight likely headed for the Supreme Court. This ruling signals that detainees challenging the expanded mandatory detention policy have substantial constitutional traction in at least one major appellate circuit.
Way forward
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Review pending 5th Circuit detention cases. If your client is detained in Texas under the new mandatory detention policy and has not received a bond hearing, this ruling likely entitles them to one within 90 days. Identify cases where that deadline has passed and consider cross-motions.
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Prepare bond hearing strategy. Although the court did not prescribe hearing procedures, gather evidence on flight risk and dangerousness early. The administration will likely use the discretion the court left to shape evidentiary standards.
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Monitor sister-circuit developments. The 6th Circuit recently found a similar due process right for ICE detainees. Track rulings in other circuits, as conflicting positions across the country tend to accelerate Supreme Court review.
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Preserve appellate record. If your client’s detention violates the 90-day window or lacks adequate hearing procedures under this standard, document the timeline and procedural defects for potential appeal.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. Immigration law is complex and subject to rapid change. Always consult a licensed immigration attorney to discuss your specific situation and verify all guidance against the primary source and current law. Policy and court decisions can change without notice.