Full Breakdown
Federal Appeals Courts Block Trump Administration’s Mandatory Detention Policy
7/3/2026, 5:10:05 AM
Court Blocks 90-Day Detention
A 2-1 panel of the 5th Circuit ruled ICE cannot detain undocumented migrants for more than 90 days without a bond hearing, requiring justification. 10th Circuit ordered the release of Rigoberto Santillan-Quiroz and declared the 2025 DHS guidance denying bond to interior detainees unlawful. Rulings reject administration’s claim that long-time residents qualify as “applicants for admission” subject to mandatory detention.
Background
In July 2025 DHS reinterpreted a 1990s immigration law to treat non-citizens already in U.S. as “applicants for admission,” making them ineligible for bond. Immigration Appeals Board adopted this view in September, prompting mandatory-detention orders now challenged in court.
Impact
The rulings restore judicial oversight of prolonged detention, affecting non-citizens. ProPublica logged nearly 47,000 habeas petitions in 13 months of second Trump administration, about one-fifth from Texas. Colorado decision could affect 500-800 detainees at GEO Aurora facility, bond denial exceeds 76 % of hearings.
Official Statements
American Immigration Council praised rulings as due process. DHS said it disagrees with Tenth Circuit panel and remains confident in its legal position on mandatory detention.
Opposition
Judge Cory Wilson dissented, arguing majority marginalizes Constitution’s express grant of plenary authority over immigration matters to Congress. Administration says federal law mandates detention until deportation and that courts are overstepping statutory interpretation.
Protests
In Newark, New Jersey, ICE detainees staged a hunger strike, prompting protests and arrests at Delaney Hall.
Court Split
5th and 10th Circuits have blocked policy, while other appellate courts have upheld it and one remains deadlocked. No Supreme Court decision has yet resolved split, leaving number of detainees eligible for bond hearings uncertain.
Quotes
- “It is part of the historic majesty of this long-ago founding charter that it makes no exceptions in providing basic rights to those within our boundaries, including a right to be heard when personal liberty is taken.” — Judge Leslie H. Southwick
- “The majority marginalizes the Constitution’s express grant of plenary authority over immigration matters to Congress.” — Judge Cory Wilson
- “This should guarantee bond hearings for 500, 600, 700, 800 people who are in the Geo detention center in Aurora right now.” — Tim Macdonald, ACLU of Colorado
- “We are delighted that the panel recognized the core constitutional principle that the due process clause does not allow the government to lock them away indefinitely.” — Rebecca Cassler, American Immigration Council
- “strongly disagrees with the Tenth Circuit panel and is confident in its legal position regarding mandatory detention.” — U.S. Department of Homeland Security
Future
Circuits anticipate Supreme Court review, which has not yet granted certiorari. DHS has appealed Colorado decision, and administration continues to pursue legal avenues to reinstate mandatory-detention policy. Litigation across five circuits suggests rulings before final resolution.
