Appeals court rules in favor of mass detention of undocumented immigrants without bond hearings

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A man is detained by federal officers after his court hearing at New York-Federal Plaza Immigration Court inside the Jacob K. Javitz Federal Building in New York on July 17, 2025. (Photo by CHARLY TRIBALLEAU / AFP) (Photo by CHARLY TRIBALLEAU/AFP via (Getty Images)

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(FOX 9) - The U.S. 5th Circuit Court of Appeals ruled that undocumented immigrants can be detained without bond during removal proceedings, backing a Trump administration policy that reversed previous decisions reached by lower courts. 

The ruling likely sets up a path to the Supreme Court for a final decision. 

Appeals court rules in favor of Trump

Big picture view:

The federal appeals court ruled on Friday, Feb. 6, that a policy which reverses an immigration statute that has been in place for about 30 years can remain in place.

Under this ruling, the vast majority of people facing deportation can be held without the chance to post bond. 

The case in question focuses on two "applicants for admission," who the Trump administration says should be detained while removal proceedings are underway, because neither showed themselves to be "clearly and beyond a doubt entitled to be admitted."

An "applicant for admission" is defined in the ruling as anyone who is in the country who was not admitted by lawful means.

The circuit judges said in the ruling that the administration's position is correct, adding, "We REVERSE the district courts’ orders to provide petitioners with bond hearings or release them and REMAND for further proceedings consistent with this opinion."

The court also referenced a long-standing 1996 decision, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which they say put those who evaded authorities and people who lawfully presented themselves at ports of entry on "equal footing" legally. 

Before that ruling, those who presented themselves would automatically be subject to mandatory detention without being able to request a bond hearing, while those who were apprehended years later could seek release on bond pending deportation proceedings. 

Dig deeper:

Daniel Rosen, the U.S. Attorney for Minnesota, spoke about how his office is overwhelmed by the ongoing litigation that has emerged since Operation Metro Surge began in Minnesota.   

READ MORE: ICE is frustrating judges and exhausting DOJ attorneys

Rosen had previously asked the 8th Circuit Court of Appeals to fast track a decision on whether the government can legally detain the majority of immigrants without a bond hearing. 

While the issue works its way through the higher courts, attorneys continue to work overtime to meet judge's deadlines while also attending hearings on contempt motions. 

What's next:

The ruling from the 5th Circuit Court made Friday sided with the Trump Administration, likely setting up a path to the U.S. Supreme Court.