Appeals court rules against Trump admin over time immigrants can be held without bond opportunity

The decision has the potential to impact thousands of immigrants who are being held in Immigration and Customs Enforcement facilities in Texas and Louisiana.

Published: July 3, 2026 9:45am

An appeals court on Thursday blocked the Trump administration from holding immigrants for more than 90 days without giving them an opportunity to ask for release on bond while deportation proceedings are pending. 

The Fifth U.S. Circuit Court of Appeals ruled 2-1 in the case, which has the potential to impact thousands of immigrants who are being held in Immigration and Customs Enforcement facilities in states within the court's jurisdiction. This includes Texas and Louisiana, Fox News reported

Writing for the majority, Judge Leslie Southwick cited a 2001 Supreme Court ruling in which the high court held that the due process clause protects everyone, including immigrants. 

"It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken," Southwick wrote.

In the dissenting opinion, Judge Cory Wilson said the majority position goes against the Constitution's granting of absolute authority to Congress in matters of immigration. 

 

 

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