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.
The ruling follows a policy shift initiated last summer, when the Department of Homeland Security adopted a new interpretation of federal detention laws, according to Reuters.
Under the revised policy, illegal aliens may be detained during deportation proceedings regardless of how long they have lived in the United States.
Release is permitted only through limited discretionary parole for humanitarian or public interest reasons. The Board of Immigration Appeals endorsed that interpretation in a September decision.
Attorney General Pam Bondi praised the ruling, describing it as a firm rejection of judicial interference in immigration enforcement.
“A significant blow against activist judges who have been undermining our efforts to make America safe again at every turn,” Bondi wrote in a post on X.
She credited Department of Justice attorney Ben Hayes, along with Brett Shumate and the Justice Department’s Civil Division, for defending the administration’s position.
For years, federal immigration authorities generally allowed illegal aliens who had lived in the United States for extended periods to seek bond hearings before immigration judges.
Mandatory detention was typically limited to recent border crossers or individuals with certain criminal convictions.
Judge Dana Douglas, appointed by former President Joe Biden, dissented from the ruling, arguing that Congress did not intend IIRIRA to mandate detention without bond for large numbers of illegal aliens living in the country’s interior.
She warned that the decision disregarded decades of immigration practice and historical precedent.
The Fifth Circuit’s decision places it at odds with several lower court rulings nationwide.
While many judges have rejected the administration’s interpretation, other federal appeals courts are reviewing similar challenges, and legal experts expect the issue to ultimately reach the Supreme Court.
For now, the ruling represents a significant win for the Trump administration and signals growing judicial willingness to enforce immigration law according to its statutory text—an approach the administration argues is necessary to restore order and uphold the rule of law.
