US Court Curbs Migrant Detention Beyond 90 Days Without Bond Hearing

A divided US appeals court has ruled that the Trump administration cannot detain migrants indefinitely under mandatory detention rules without giving them a chance to seek release on bond after 90 days.

The 2–1 decision by a panel of the New Orleans-based 5th US Circuit Court of Appeals restricts the government’s ability to hold thousands of immigrants in custody while their deportation proceedings are ongoing. The ruling could have significant implications for detainees held by US Immigration and Customs Enforcement (ICE), particularly in states within the court’s jurisdiction, including Texas and Louisiana.

The case centres on how federal immigration law is interpreted and whether certain non-citizens can be held in mandatory detention as “applicants for admission” without eligibility for bond hearings. The Department of Homeland Security had expanded that interpretation last year, arguing it applied not only to recent arrivals at the border but also to some migrants already living in the United States.

That position was later adopted by the Board of Immigration Appeals, leading immigration judges nationwide to order mandatory detention in such cases.

However, writing for the majority, US Circuit Judge Leslie Southwick said constitutional due process protections require that detainees be given a meaningful opportunity to seek release. He cited a 2001 US Supreme Court ruling affirming that due process applies to all persons within US jurisdiction.

“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 dissent, US Circuit Judge Cory Wilson, a Trump appointee, argued that the ruling undermines Congress’s authority over immigration enforcement, saying the majority had overstepped constitutional boundaries.

Lawyers for the migrants welcomed the decision, calling it a reaffirmation of due process protections against indefinite detention. The American Immigration Council said the ruling confirms that the government cannot “lock them away indefinitely” without judicial review.

A spokesperson for the Department of Homeland Security said the agency disagrees with the ruling and remains confident in its legal position, adding that it has already asked the US Supreme Court to review a similar case.

The appeals courts remain divided on the interpretation of the law, increasing the likelihood that the Supreme Court will ultimately settle the issue.

 
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