5th Circuit Court Upholds Trump's Immigration Detention Policy Without Bond

Sun Feb 08 2026 05:47:03 GMT+0200 (Eastern European Standard Time)

The 5th Circuit Court of Appeals supports the Trump administration's decision to detain immigrants without the option for bond, marking a significant turn from previous judicial rulings on immigration policies.

A recent ruling by the 5th Circuit Court of Appeals allows the Trump administration to continue its policy of detaining immigrants without bond, characterizing it as consistent with federal immigration law. This decision contrasts with previous lower court rulings that had begun to grant bond hearings to noncitizens without criminal records. Dissenting opinions within the ruling highlighted concerns regarding the implications of such mass detention on families and due process.

The 5th Circuit Court of Appeals has delivered a notable legal endorsement of President Donald Trump's administration's immigration policies, affirming the right to detain immigrants without bond. This ruling follows numerous lower court decisions that had challenged the legality of such a practice.

In a 2-1 opinion, Judge Edith H. Jones articulated that the Department of Homeland Security’s interpretation of the Immigration and Nationality Act is constitutionally sound, claiming that 'unadmitted aliens apprehended' in the U.S. cannot claim eligibility for bond release, no matter their duration of stay or lack of criminal history.

Historically, many noncitizens arrested away from borders had the right to request bond hearings, particularly those without criminal backgrounds, as mandatory detention had been limited mainly to recent border crossers. This shift indicates a stark change in immigration enforcement strategies stemming from the Trump administration.

Opponents of the ruling, including dissenting Judge Dana M. Douglas, expressed profound concern about the implications of such a policy. She argued that this move not only disrupts the lives of countless individuals who may be integral to American families but also reflects an overreach of executive power into legislative functions.

Justice Douglas contended that the significant escalation in detention practices would astonish the legislators who originally crafted the Immigration and Nationality Act, as it presents a reality where millions could face detention without bond.

The decision to uphold this policy comes in the wake of a recent California district court ruling that had earlier opened the door for bond hearings for detained immigrants without criminal records, a decision that has now been effectively countered by the 5th Circuit.

U.S. Attorney General Pam Bondi hailed the ruling, framing it as a victory against judicial overreach, while critics continue to voice their disapproval of the administration's wider immigration policies.