In a significant development, a split decision by a federal appeals court has granted the Trump administration a significant win, permitting immigration officials to detain undocumented immigrants indefinitely without bond hearings during deportation proceedings, even for those who have resided in the U.S. for many years.
The 2-1 ruling by the Fifth Circuit Court of Appeals is notable as it is the first appellate court to endorse the administration’s policy of mandatory detention, overturning two lower court decisions and conflicting with numerous rulings nationwide where judges deemed the policy illegal.
What the Court Ruled
This decision impacts thousands of immigrants across Texas, Louisiana, and Mississippi—home to the largest concentration of immigration detention centers in the country. Those who were once able to secure bond and await their deportation proceedings outside of detention now face mandatory confinement, a process that could last months or even years.
Per CNN, the decision empowers authorities to refuse bond hearings for immigrants living in the U.S. illegally, including those who were previously allowed to remain at liberty while their immigration cases were processed.
The case centers on two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias, who entered the U.S. unlawfully in 2009 and 2001, respectively. In 2025, Immigration and Customs Enforcement detained them, and both sought bond hearings before immigration judges. Their requests were denied by ICE, which cited a Board of Immigration Appeals decision from September 2025 that reinterpreted longstanding immigration law.
Initially, district court judges ruled in favor of both men, ordering their release or granting bond hearings. However, the appellate court’s decision on Friday reversed these rulings.
Overwhelming Lower Court Opposition
The ruling contradicts a wave of district court decisions. According to Politico, at least 360 federal judges rejected the Trump administration’s expanded detention policy across more than 3,000 cases, while only 27 judges backed it in approximately 130 cases.
The policy shift triggered what one government lawyer recently described as a “tsunami” of habeas corpus petitions flooding federal courts nationwide. In Minneapolis, Chief Judge Patrick Schiltz recently accused ICE of violating nearly 100 court orders directing the release of detainees.
U.S. Attorney General Pam Bondi called Friday’s decision “a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn,” according to Reuters.
Department of Homeland Security Secretary Kristi Noem wrote that “activist judges have ordered the release of alien after alien based on the false claim that DHS was breaking the law. Today, the first court of appeals to address the question ruled that @DHSGov was right all along.”
What Happens Next
The Fifth Circuit’s ruling applies only within its jurisdiction—Texas, Louisiana, and Mississippi. Other federal appeals courts are considering similar challenges, including the Seventh Circuit, which issued a preliminary ruling last year rejecting the administration’s interpretation.
Legal experts say the issue will reach the Supreme Court given the nationwide importance and the circuit split that may emerge.
“The Fifth Circuit isn’t just the most right-leaning appeals court in the country; the government drew on this panel two of that right-leaning court’s most right-leaning judges,” CNN legal analyst Steve Vladeck said. “It’s hard to imagine they’re going to get the last word.”
