Story perspectives

Judge Bars ICE 90-Day Detention Without Hearing, Trump Appeals

7/3/2026

Summary

Story summary

Judge Leslie H. Southwick wrote 2-1 ruling ICE may not detain immigrants beyond 90 days without an individualized hearing.
Ruling followed courts ruling 90-day holds violated due process for three Texas residents, prompting President Donald Trump’s administration to appeal.
Department of Homeland Security (DHS) will seek Court review.
Analysts warn ruling could affect thousands of detainees in Texas, Louisiana and other states, 47,000 habeas petitions filed in 13 months.

History

Historical Context

The 2001 Supreme Court ruling in Zadvydas v. Davis, which limited ICE detention to six months, reshaped immigration enforcement after the post-9/11 split of the former INS into ICE, USCIS and CBP. That precedent guided Judge Leslie H. Southwick’s 2-1 ruling striking ICE’s 90-day detention rule, a move that now confronts roughly 47,000 pending habeas petitions in Texas and Louisiana.

1 of 2

Story summary

Judge Leslie H. Southwick wrote 2-1 ruling ICE may not detain immigrants beyond 90 days without an individualized hearing.
Ruling followed courts ruling 90-day holds violated due process for three Texas residents, prompting President Donald Trump’s administration to appeal.
Department of Homeland Security (DHS) will seek Court review.
Analysts warn ruling could affect thousands of detainees in Texas, Louisiana and other states, 47,000 habeas petitions filed in 13 months.

1 / 2