A federal appeals court dealt another setback to the U.S. government’s mandatory detention policy. On July 2, 2026, the 5th U.S. Circuit Court of Appeals ruled 2-1 that undocumented immigrants held under the policy need a bond hearing within 90 days of detention. One judge in the majority suggested 30 days as a better limit. The dissenting judge declared the no-bond policy constitutionally sound.
This doesn’t end detention or block removal proceedings. It means the government can no longer hold someone indefinitely without giving them a chance to argue for release on bond. The ruling covers detention centers in Louisiana, Texas, and Mississippi. According to Stateline, the states hold large numbers of immigrants transferred from across the country. According to the American Immigration Council, which argued the case, it centered on three long-term Texas residents with no criminal history and U.S. citizen children, all detained during routine traffic stops.
Notably, this is a partial reversal of the same court’s own February decision, which had upheld mandatory detention in those states. Other circuits have split on the issue: the 8th Circuit has upheld the policy for detention centers in seven states, while several other courts have struck it down. With that conflict unresolved, the Supreme Court is expected to take up the question this October.
The Department of Homeland Security has said it disagrees with the ruling and expects to prevail at the Supreme Court. Fewer than thirty percent of individuals detained in April 2026 had a criminal conviction. These findings highlight the stakes for detainees whose only issue is an immigration violation.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.