Fifth Circuit En Banc Rules No Constitutional Right to Bond Hearings for Certain Immigration Detainees, Upholding Trump Policy

In a 10-7 en banc decision on October 23, 2026, the U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration's mandatory detention policy, ruling that immigrants who entered the U.S. unlawfully have no constitutional due process right to bond hearings, regardless of the length of their detention or time in the country. The majority opinion, authored by Trump-appointed Judge Cory Wilson, held that such individuals remain 'applicants for admission' and are entitled only to proceedings provided by statute. The ruling reverses a July 2026 panel decision that had required bond hearings after approximately 90 days and applies to immigration cases in Texas, Louisiana, and Mississippi. A concurrence by Judge James Ho stated, 'A nation ceases to be a nation if it can't protect its borders,' arguing the decision prevents incentives for unlawful presence. Dissenters, including Judge Leslie Southwick, contended the ruling denies due process to longtime residents. The cases involved three men from Mexico and Honduras arrested after traffic stops, some with U.S.-born children and decades of residence. The decision comes amid a Supreme Court review of a related statutory challenge to bond hearings and strengthens ICE's authority in a region with high detention volumes. Multiple lower courts nationwide have previously split on the policy.