On Friday, the full U.S. Court of Appeals for the Fifth Circuit determined that certain immigrants detained by ICE awaiting removal do not possess a constitutional right to bond hearings. This decision allows the Trump Administration to maintain custody of thousands of undocumented immigrants facing deportation.
The ruling, a narrow 10-7 split in Sosnava Rodriguez v. Ortega, applies across Texas, Louisiana, and Mississippi, reinforcing the Trump administration’s approach of mandatory detention without bond for individuals who entered the U.S. unlawfully, even if they have resided in the country for many years.
The case involved three individuals—Ignacio Sosnava Rodriguez, Miguel Angel Gomez Alvarado, and Alejandro Villegas Angel—who were apprehended in Texas between November 2025 and February 2026 following traffic stops. Each had lived in the country for at least 14 years, been employed, and had U.S. citizen children.
Prior federal district court rulings had called for bond hearings or their release, asserting that extended detention without the chance to contest it breached due process rights. However, a three-judge panel of the Fifth Circuit had initially agreed in July 2026, but the full court later reversed that decision.
Huge decision from the 5th Circuit. Illegal aliens arrested by ICE can, in fact, be detained without bond, even if they’ve lived in the U.S. for decades, overturning three lower Fed judges.
From concurrence:
“A nation ceases to be a nation if it can't protect its borders."… https://t.co/OfT1RiQ583
— Bill Melugin (@BillMelugin_) October 23, 2026
Typically, during a bond hearing, detainees can request release from detention while their case proceeds, demonstrating that they are not a threat and will not flee. The majority opinion, authored by Judge Cory Wilson, asserted that since these men were never lawfully admitted to the U.S., they are not entitled to hearings outside those designated by federal immigration law.
The court held that individuals in this situation can end their detention at any moment by choosing to leave the country voluntarily. It further stated that the duration of their detention did not constitute a constitutional issue, given that removal remains feasible.
This ruling supports a policy adopted by the administration in July 2025, which interprets the Immigration and Nationality Act to classify those present in the U.S. without inspection as “applicants for admission.” This classification subjects them to mandatory detention throughout removal proceedings, without bond eligibility from other statutory provisions. Both Texas and Louisiana have high numbers of immigration detainees, and the administration has moved additional detainees from other states to facilities within the Fifth Circuit’s jurisdiction.
Before the ruling on Friday, numerous federal district judges in Texas had mandated bond hearings or releases for over 2,000 ICE detainees, despite a previous Fifth Circuit decision on this statutory matter. Nine other federal appeals courts have rejected the administration’s interpretation of the mandatory detention law.
The Supreme Court has agreed to hear a related case on October 1, Rhoney v. Barbosa da Cunha, which explores whether the laws necessitate detention without bond for individuals who entered without admission yet have lived in the country for many years. This case is anticipated to be argued during the current term.
