The 5th Circuit Court of Appeals ruled on July 2, 2026 that the federal government cannot hold undocumented immigrants for more than 90 days without a bond hearing, requiring that the government explain at court hearings why it believes some undocumented immigrants don’t deserve to be released on bond. This 2–1 decision represents a major blow to the Trump administration’s mass detention policy and will affect thousands of detainees currently held in Texas, Louisiana, and Mississippi.
What changed
The majority ruled 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 court found that anything less would violate detainees’ constitutional due process rights.
Judge Leslie Southwick, writing for the majority and appointed by George W. Bush, said the U.S. Supreme Court made clear in 2001 that the due process clause protects everyone, including the three noncitizens whose cases were before the 5th Circuit, and that “it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken.”
The case stemmed from the arrest of three men in Texas by state troopers between November 2025 and February 2026 during routine traffic stops, all of whom had lived in the country for at least 14 years, worked during that time, and have American citizen children.
This decision follows an earlier 5th Circuit panel ruling in February that had endorsed the Trump administration’s interpretation allowing mandatory detention of non-citizens living in the United States, but which did not address whether the due process protections of the Constitution’s Fifth Amendment require bond hearings.
Why it matters
The 90-day bond-hearing window becomes a critical timeline for detention defense practitioners. The ruling could affect thousands of individuals detained in Texas, Louisiana, and Mississippi as part of the Trump administration’s immigration crackdown.
For immigration counsel, this means you now have a concrete constitutional anchor for challenging indefinite detention: any client held beyond 90 days without a bond hearing has a Fifth Amendment due process claim that the 5th Circuit has endorsed. The panel emphasized that the vast majority of people targeted under the new policy were people without criminal records—therefore not dangers to their communities—whose established lives in the country make them unlikely to flee their immigration proceedings.
The ruling does not entirely overturn the Trump administration’s mandatory detention statute as written; rather, the panel recognized that under federal immigration law, undocumented immigrants who recently arrived at the U.S.-Mexico border can be held until their deportation, but applied constitutional limits to prolonged detention of those held in the interior.
Note that Judge Cory Wilson, a Trump appointee, dissented, saying he would not grant the release of undocumented immigrants because they are “not entitled to challenge their detention under” current immigration law. This indicates potential Supreme Court review is likely.
Way forward
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Mark calendars for day 90. For every detained client in the 5th Circuit, begin countdown from the date of arrest/detention commencement. File motion for bond hearing no later than day 85 if ICE has not already scheduled one.
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Document the detention timeline. Preserve evidence of the exact date detention began—this is your jurisdictional fact for the 90-day clock. Check your client’s initial custody documents (arrest warrant, ICE detainer, booking records) immediately.
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Prepare individualized detention arguments. The government now bears the burden of proving, at a hearing, why your client specifically poses a flight risk or danger. Focus discovery and witness preparation on undermining any such claim with evidence of ties to the community, family, employment, and lack of criminal history.
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Advise clients awaiting bond hearings. Inform detained clients that under this ruling they have a right to appear before an immigration judge within 90 days to challenge their detention. Do not let ICE’s initial denial stand without judicial review.
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Watch for appeal or Supreme Court cert. The Trump administration has already signaled intent to appeal Fifth Amendment detention rulings to the Supreme Court (see June 2026 cert grant in related cases). Practitioners should monitor SCOTUS docket for a potential challenge to this decision and plan for possible reversal or further clarification.
Disclaimer
This article is not legal advice and does not constitute a complete analysis of the holding. The Fola Editorial team is not a law firm. For advice on your specific situation, consult a licensed immigration attorney. This decision is binding on the 5th Circuit (Texas, Louisiana, Mississippi) but may be overturned or modified on appeal. Verify all details against the primary source opinion before relying on this summary in practice. Immigration law and policy can change without notice.