Appeals Court Backs Trump Administration on Detaining Illegal Aliens Without Bond
A late-Friday ruling by a federal appeals court is set to significantly expand the federal government’s authority to detain illegal aliens during deportation proceedings, marking a major shift in immigration enforcement within parts of the United States.
In a 2–1 decision, the U.S. Court of Appeals for the Fifth Circuit ruled that federal authorities may detain illegal aliens without providing bond hearings while removal cases are pending.
The decision strengthens President Donald Trump’s push to enforce immigration laws based on the statutory text passed by Congress and overturns two lower court orders that had blocked the policy.
The ruling applies to states within the Fifth Circuit’s jurisdiction, including Texas and Louisiana, which hold some of the largest immigration detention populations in the country.
The case involved two Mexican nationals who entered the United States illegally in 2001 and 2009 and were detained in 2025 while deportation proceedings were underway.
The dispute centers on detention provisions within the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
The Trump administration argued that individuals who entered the country without inspection qualify as “applicants for admission” under federal law and are therefore subject to mandatory detention during removal proceedings.
Judge Edith Jones, appointed by President Ronald Reagan, authored the majority opinion and was joined by Judge Stuart Kyle Duncan, a Trump appointee, according to CBS News.
The panel concluded that the administration acted lawfully when it reinterpreted existing detention statutes and rejected claims that decades of prior enforcement practices limited federal authority.
“The text says what it says, regardless of the decisions of prior Administrations,” Jones wrote.
She added that the fact earlier administrations exercised restraint did not mean the law prohibited stronger enforcement.
In a 2–1 decision, the U.S. Court of Appeals for the Fifth Circuit ruled that federal authorities may detain illegal aliens without providing bond hearings while removal cases are pending.
The decision strengthens President Donald Trump’s push to enforce immigration laws based on the statutory text passed by Congress and overturns two lower court orders that had blocked the policy.
The ruling applies to states within the Fifth Circuit’s jurisdiction, including Texas and Louisiana, which hold some of the largest immigration detention populations in the country.
The case involved two Mexican nationals who entered the United States illegally in 2001 and 2009 and were detained in 2025 while deportation proceedings were underway.
The dispute centers on detention provisions within the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
The Trump administration argued that individuals who entered the country without inspection qualify as “applicants for admission” under federal law and are therefore subject to mandatory detention during removal proceedings.
Judge Edith Jones, appointed by President Ronald Reagan, authored the majority opinion and was joined by Judge Stuart Kyle Duncan, a Trump appointee, according to CBS News.
The panel concluded that the administration acted lawfully when it reinterpreted existing detention statutes and rejected claims that decades of prior enforcement practices limited federal authority.
“The text says what it says, regardless of the decisions of prior Administrations,” Jones wrote.
She added that the fact earlier administrations exercised restraint did not mean the law prohibited stronger enforcement.







