A federal appeals court has ruled that the government cannot hold illegal immigrants for more than 90 days without a bond hearing. The 5th Circuit Court of Appeals based in New Orleans made this ruling on Thursday, rejecting a Trump administration policy that requires immigration agents to hold immigrants until they are deported.
Background of the Case
The case stems from the arrest of three men in Texas by state troopers between November 2025 and February 2026 during routine traffic stops. All three have lived in the country for at least 14 years, worked during that time, and have American citizen children. The troopers turned the men over to U.S. Immigration and Customs Enforcement agents who held them in detention without allowing them to see a judge.
The men, Ignacio Sosnava Rodriguez, Miguel Angel Gomez Alvarado, and Alejandro Villegas Angel, were eventually released from ICE custody after federal judges found that holding them without a chance for a bond hearing violated the men’s due process rights. The Trump administration appealed, arguing that federal immigration law says illegal immigrants should be held until deportation without bond hearings — a policy it put in place in July 2025.
Court Ruling
The three-judge panel ruled that the federal government must explain at court hearings why it believes some illegal immigrants don’t deserve to be released on bond. The government must prove the detained immigrant is a danger to the community and flight risk or “assert another justification why an unadmitted alien must be detained.”
Leslie H. Southwick, a George W. Bush appointee, wrote in the majority opinion, “Our only requirement is that a hearing must be held within 90 days of the commencement of detention and that at the hearing, the Government must articulate an individualized justification for further detention without bond.”
James E. Graves Jr., an Obama appointee, agreed, but added in his opinion that 90 days is still too long. Cory Wilson, a Trump appointee, dissented, saying in his opinion that he would not grant the release of illegal immigrants because they are “not entitled to challenge their detention under” current immigration law.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
