KEY POINT
- The 5th US Circuit Court of Appeals ruled 2 1 that the Trump administration can detain undocumented immigrants without bond hearings.
- The ruling affects potentially millions of immigrants who previously could remain free while their cases proceeded through the immigration system.
- The decision sets up a likely Supreme Court review and broader national legal debate over interior immigration enforcement.
A divided federal appeals court on Friday ruled in favor of the Trump administration’s policy permitting the detention of undocumented immigrants, including those living in the United States for decades, without the opportunity to seek release through bond hearings.
The decision by the US Court of Appeals for the Fifth Circuit covers Texas, Louisiana, and Mississippi, marking a significant legal victory for the former president’s aggressive immigration enforcement agenda.
The ruling immediately allows immigration authorities in several southern states to detain individuals previously eligible for release on bond while their immigration cases are pending.
The policy reversal breaks with decades of executive branch practice, which typically distinguished between immigrants apprehended at the border and those living in the interior without criminal histories.
“This decision changes the landscape for interior enforcement and the rights of immigrants who have been living lawfully or semi-lawfully in the United States for years,” said Steve Vladeck, CNN Supreme Court analyst and professor at Georgetown University Law Center.
Historically, noncitizens apprehended inside the United States without criminal records could request bond hearings while awaiting immigration proceedings.
Those detained at the border were subject to expedited removal, a process that often limited opportunities to challenge detention.
The Trump administration rolled out its interior detention policy in 2025 as part of a wider effort to accelerate deportations.
Lower federal courts across the country consistently struck down the policy, citing potential violations of long established immigration procedures and due process rights.
Friday’s 5th Circuit ruling is the first appeals court decision backing the administration, authored by Judge Edith Jones, a Reagan appointee, and joined by Judge Kyle Duncan, a Trump appointee. Dissenting Judge Dana Douglas, a Biden appointee, warned that the ruling could lead to indefinite detention for up to two million noncitizens.
Judge Jones wrote that “prior administrations’ decision to use less than full enforcement authority does not mean the government lacked authority to do more.” The majority opinion emphasized that current officials are within their statutory power to revise longstanding bond policies.
Douglas countered that the ruling “asserts the authority to detain millions of noncitizens in the interior, some present for decades, without historical precedent or adequate procedural safeguards.” She warned that affected individuals would likely need federal habeas corpus lawyers to challenge prolonged detention.
Matthew Kronick, director of the Immigration Policy Center at the American Enterprise Institute, said the ruling could reshape enforcement priorities nationwide.
“The decision essentially gives the executive branch broader discretion in interior detention policy,” Kronick said. “States in the Fifth Circuit now operate under a legal framework that may be contested in other circuits and ultimately before the Supreme Court.”
Cecilia Muñoz, former director of the Domestic Policy Council under President Obama, highlighted potential social impacts. “Detaining individuals who have lived in communities for decades can have profound humanitarian and economic consequences,” she said. “It risks separating families and destabilizing local economies.”
José Ramirez, a Texas resident and immigration attorney, said the ruling could have immediate consequences. “Clients who have lived here for 20 years are now at risk of being detained without bond,” Ramirez said.
Maria Lopez, a community organizer in Louisiana, warned of social disruption. “Families are anxious. Children and elderly relatives face uncertainty if parents are suddenly detained,” she said.
US Citizenship and Immigration Services spokesperson David Shah confirmed that enforcement operations will “follow the court’s guidance while ensuring compliance with federal law.”
The 5th Circuit decision is likely to prompt appeals from immigrant rights groups and further judicial review in other federal circuits.
Legal experts anticipate that the Supreme Court may ultimately decide the policy’s constitutionality, given the significant nationwide implications for interior immigration enforcement.
Analysts emphasize that, while the ruling currently applies only to three states, its interpretation of executive authority could influence policy debates across the United States, especially in states with large undocumented populations.
Friday’s ruling by the Fifth Circuit represents a key milestone in the ongoing legal struggle over immigration enforcement. By upholding the Trump administration’s interior detention policy, the court has intensified the debate over procedural rights for undocumented immigrants and the scope of executive authority, setting the stage for future high profile legal battles.
