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Fifth Circuit Bars Judicial Challenges for Immigrants Held Without Bond

Removal of a court route to challenge detention in Texas, Louisiana and Mississippi raises the stakes for the Supreme Court

Overview

  • The U.S. Court of Appeals for the Fifth Circuit ruled Friday that noncitizens detained inside the circuit without access to a bond hearing cannot obtain federal judicial review of their detention.
  • Advocacy groups said the decision removes a basic due‑process check, noted the case involves three long‑term residents taken from their families, and pledged to keep litigating to restore review rights.
  • The full Fifth Circuit decided the case 10–7, with multiple judges appointed by President Trump in the majority and several judges issuing sharp dissents that called the ruling a serious erosion of the Due Process Clause.
  • The decision deepens a split among federal appeals courts over a disputed reading of a 1996 immigration law and follows a 2025 DHS policy that expanded detention and triggered mass habeas filings.
  • Because the Supreme Court agreed on Oct. 1 to hear a related appeal, the new Fifth Circuit ruling makes that forthcoming review likely to determine a single national rule and could prompt more transfers of detained people to facilities in the Fifth Circuit.