Appeals court mandates bond hearings for immigrants in mandatory detention
The 5th U.S. Circuit Court of Appeals ruled that the government cannot hold migrants indefinitely without a hearing, citing Fifth Amendment due process protections.
Priya Ravindran
Jul 3, 2026 · 1 min read
A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 on Thursday that the government must provide bond hearings to immigrants held for longer than 90 days. The decision limits the application of mandatory detention for individuals awaiting deportation proceedings in Texas and Louisiana, addressing a constitutional question that had remained unresolved following a previous ruling on federal immigration statutes.
Judge Leslie Southwick, writing for the majority, emphasized that the U.S. Constitution’s due process clause provides basic rights to those within the nation's boundaries, including the right to be heard when liberty is restricted. The ruling challenges a policy shift from the previous year in which the Department of Homeland Security classified residents as "applicants for admission," a status that typically precludes bond eligibility.
The Department of Homeland Security maintains that its interpretation of mandatory detention is lawful and has petitioned the Supreme Court to resolve conflicting opinions across different federal circuits. Currently, the ruling introduces a procedural requirement for thousands of cases within the 5th Circuit’s jurisdiction, ensuring that prolonged detention is subject to judicial review.