From Fox News: A federal appeals court on Friday upheld the Trump administration’s mass detention policy, allowing illegal immigrants to be detained without bond.
The 5th U.S. Circuit Court of Appeals ruled 2-1 that the Department of Homeland Security (DHS) can lawfully deny bond hearings to immigrants arrested nationwide under the Constitution and federal immigration law.
Circuit judge Edith H. Jones wrote in the majority opinion that “unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States.”
Many illegal immigrants who were not detained at the border previously had the opportunity to request a bond hearing as their cases progressed, and those without a criminal history who were not deemed flight risks were often granted bond.
Circuit Judge Dana M. Douglas, who was appointed by Joe Biden in 2022, was the one judge dissenting on the case. She is the first black woman to serve on the Fifth Circuit Court. (She is also the same judge who demanded that Texas remove the floating barrier from the Rio Grande River, which had been installed to stop illegal aliens from crossing the river into the U.S.) In her dissent on Friday, Douglas complained that some of the illegal aliens being detained “are the spouses, mothers, fathers, and grandparents of American citizens.”
Attorney General Pam Bondi cheered the ruling Friday night with the following statement:
“Tonight our @TheJusticeDept attorneys secured yet another crucial legal victory in support of @POTUS Trump’s immigration agenda. The Fifth Circuit just held illegal aliens can rightfully be detained without bond – a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn.
“Thank you to Ben Hayes who argued this case, Brett Shumate and the @DOJCivil Division. We will continue vindicating President Trump’s law and order agenda in courtrooms across the country. 🇺🇸”
Tonight our @TheJusticeDept attorneys secured yet another crucial legal victory in support of @POTUS Trump’s immigration agenda.
The Fifth Circuit just held illegal aliens can rightfully be detained without bond – a significant blow against activist judges who have been…
— Attorney General Pamela Bondi (@AGPamBondi) February 7, 2026
Eric Wessen, the Solicitor General in Iowa’s Attorney General’s Office, wrote, “ENORMOUS Immigration win for President Trump. The Fifth Circuit, the first federal court to address President Trump’s expedited removal efforts, sides with the administration. Illegal aliens may be detained and removed! Judge Jones, joined by Duncan. Judge Douglas dissents.”
Ilya Shapiro, a lawyer at the Manhattan Institute, wrote, “Another big deal and seems obviously right – you can detain and hold illegal aliens rather than automatically releasing them on (insignificant) bond.”
Another big deal and seems obviously right – you can detain and hold illegal aliens rather than automatically releasing them on (insignificant) bond. Do follow Eric (solicitor general of Iowa) who often posts first when significant legal rulings come down in the lower courts. https://t.co/vgzBHWTu5R
— Ilya Shapiro (@ishapiro) February 7, 2026
Pro-immigrant lawyers are crying the blues….
From Breitbart: The decision is a big blow to the many pro-migration lawyers who are using sympathetic judges to impose a catch-and-release burden on ICE enforcement. So the decision helps Trump implement his campaign promise to deport millions of illegal migrants, partly because they are a huge economic burden on ordinary American families.
Immigration lawyer Aaron Reichlin-Melnick complained, “AWFUL news for due process. This decision will wipe out the availability of release through bond for tens of thousands of people detained in or transported to Texas, Louisiana, and Mississippi by ICE. This decision overturns 30 years of interpretation of a law passed in 1996.”
AWFUL news for due process. This decision will wipe out the availability of release through bond for tens of thousands of people detained in or transported to Texas, Louisiana, and Mississippi by ICE.
This decision overturns 30 years of interpretation of a law passed in 1996. https://t.co/O8m0D3C9h7
— Aaron Reichlin-Melnick (@ReichlinMelnick) February 7, 2026
This decision puts even more pressure on plaintiffs and district courts outside the 5th Circuit. Unless the habeas is filed before a person is transferred to the 5th Circuit, a person may remain locked in appalling conditions, never even allowed to ask for bond.
— Aaron Reichlin-Melnick (@ReichlinMelnick) February 7, 2026
On the other hand, The Immigration Accountability Project is celebrating along with the Trump administration, and wrote, “GREAT news for law enforcement! This decision will wipe out the ability of illegal aliens to be released from detention so they can abscond and continue to flout our laws. This decision overturns 30 years of bureaucrats, lawyers, and judges ignoring the plain language of a law passed in 1996.”
GREAT news for law enforcement! This decision will wipe out the ability of illegal aliens to be released from detention so they can abscond and continue to flout our laws. This decision overturns 30 years of bureaucrats, lawyers, and judges ignoring the plain language of a law…
— Immigration Accountability Project (@iaproject) February 7, 2026
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— Fox News (@FoxNews) February 8, 2026
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