Fifth Circuit rules immigrants must receive bond hearings within 90 days, rejecting Trump administration's indefinite detention policy

On July 2, 2026, the U.S. Court of Appeals for the Fifth Circuit ruled 2-1 that immigrants in detention have a constitutional right to meaningful due process and must be afforded a bond hearing within 90 days. The decision directly rejects the Trump administration's attempt to detain people without justifying their continued detention before a judge, striking down a policy that had allowed indefinite incarceration. The ruling applies to Texas, Louisiana, and Mississippi—states that collectively hold some of the largest immigration detention populations in the country. The case was brought on behalf of three fathers of U.S. citizen children, longtime Texas residents with no criminal history, who were arrested after routine traffic stops and held without bond hearings. The court held that the government must provide an individualized justification for detention, not simply rely on the statute. The decision deals a major blow to the administration's mass detention efforts and ensures d...

“The Constitution does not permit the government to lock people up and throw away the key without a hearing.” — Statement from plaintiffs' counsel, National Immigration Project (NIPNLG)