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Appeals court endorses Trump policy of holding many ICE detainees without bond hearings

The 5th Circuit's ruling reverses 30 years of precedent, allowing ICE to detain tens of thousands in Texas, Louisiana, and Mississippi without bond hearings, a major shift in immigration enforcement.

  • On Friday, the 5th U.S. Circuit Court of Appeals endorsed the Trump administration's policy to detain broad groups of immigration detainees without bond hearings within Texas, Louisiana, and Mississippi.
  • Last year, Immigration and Customs Enforcement adopted a new interpretation that reclassified many interior noncitizens as applicants for admission, and the Board of Immigration Appeals endorsed that view.
  • In a dissent, U.S. Circuit Judge Dana Douglas warned detention could affect two million noncitizens, while Judge Edith Jones argued the statute's text supports the policy, joined by Judge Kyle Duncan.
  • Reversing decades of precedent, the panel's ruling contradicts thousands of federal district courts nationwide and legal experts say it likely sends the issue to the U.S. Supreme Court.
  • Other appeals courts are slated in coming weeks to take up challenges as Immigration and Customs Enforcement holds immigration detainees who have lived in the U.S. for years indefinitely, while a POLITICO review found at least 360 judges rejected this strategy in more than 3,000 cases.
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Federal appeals court upholds Trump mass detention policy for illegal immigrants

Federal appeals court upholds Trump administration mass detention policy allowing illegal immigrants to be held without bond hearings.

·New York, United States
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The Trump administration will be able to continue detaining immigrants without bail, following a decision by the Fifth Circuit Court of Appeals that represents a major legal victory for the federal immigration agenda and reverses several rulings…

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Politico broke the news in on Friday, February 6, 2026.
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