Story perspectives

5th Circuit Blocks Trump's 90-Day Detention, DHS Appeals

7/3/2026

Summary

Story summary

Federal appellate courts have struck down President Donald Trump's mandatory-detention policy, creating a legal challenge.
The 5th Circuit ruled it cannot detain undocumented immigrants over 90 days without a bond hearing.
Enacted in July 2025, the policy required detention until deportation without bond hearings and generated over 47,000 habeas petitions.
The Department of Homeland Security said it strongly disagrees with the appellate decisions and will seek Supreme Court review.

History

Historical Context

The 1996 IIRIRA, signed by President Bill Clinton, expanded Border Patrol and created mandatory detention, leading DHS to hold more than 1.2 million migrants by 2005. Decades of such immigration enforcement set the stage for the 5th Circuit’s 2025 decision striking Trump’s 90-day detention rule, echoing earlier challenges to IIRIRA’s provisions.

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Story summary

Federal appellate courts have struck down President Donald Trump's mandatory-detention policy, creating a legal challenge.
The 5th Circuit ruled it cannot detain undocumented immigrants over 90 days without a bond hearing.
Enacted in July 2025, the policy required detention until deportation without bond hearings and generated over 47,000 habeas petitions.
The Department of Homeland Security said it strongly disagrees with the appellate decisions and will seek Supreme Court review.

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