A federal appeals court handed the Trump administration a significant setback Thursday, ruling that Immigration and Customs Enforcement cannot hold detained migrants beyond 90 days without granting them bond hearings—a decision affecting thousands currently held in Texas and Louisiana detention facilities.

Fifth Circuit Reverses Course on Detention Policy

The New Orleans-based Fifth Circuit Court of Appeals ruled 2-1 that constitutional due process protections require bond hearings for migrants detained under Trump’s immigration enforcement policies. Judge Leslie Southwick, appointed by President George W. Bush, wrote that the Fifth Amendment’s due process clause protects everyone within American borders, including non-citizens. The ruling directly impacts detention practices in states under the court’s jurisdiction.

Trump administration cannot hold migrants without bond hearings past 90 days, court rules https://t.co/PntMkKATJp https://t.co/PntMkKATJp

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The decision creates a notable split within the same court. A different Fifth Circuit panel in February had endorsed the administration’s interpretation of federal immigration law allowing mandatory detention of non-citizens already living in the United States. However, that earlier ruling never addressed whether the Constitution requires providing detainees an opportunity to seek release before an immigration judge.

Constitutional Rights Versus Congressional Authority

Southwick emphasized the enduring principles established by the Supreme Court in 2001, writing that America’s founding charter makes no exceptions in providing basic rights to those within the nation’s boundaries, including the right to be heard when personal liberty is taken. The case involved two Mexican citizens and one Honduran national challenging their prolonged detention without bond hearings.

Judge Cory Wilson, a Trump appointee, dissented from the majority opinion. Wilson argued his colleagues were marginalizing the Constitution’s express grant of plenary authority over immigration matters to Congress. The disagreement highlights ongoing tensions between executive immigration enforcement powers and individual constitutional protections, even among conservative-leaning judges.

Broader Implications for Mass Detention

The American Immigration Council, representing the migrants, celebrated the outcome as a victory for constitutional protections. The ruling comes amid widespread protests outside ICE detention facilities, including recent clashes in Newark, New Jersey, where inmates staged hunger strikes over detention conditions. Days of unrest led to multiple arrests as Trump’s immigration enforcement policies face mounting opposition in courts and communities nationwide.

The administration now faces a critical decision: appeal the ruling to the full Fifth Circuit or the Supreme Court, or modify detention procedures to comply with the 90-day bond hearing requirement. The outcome will shape how thousands of detained individuals are processed during the ongoing immigration crackdown.