WASHINGTON, DC, July 3, 2026 — On July 2, the U.S. Court of Appeals for the Fifth Circuit ruled that people facing immigration detention are entitled to meaningful due process protections and must be given the right to a bail hearing within 90 days. The decision was a major blow to the Trump administration’s new mass detention efforts, rejecting the government’s argument that it can detain people without justifying it to a judge.
At the center of the case are three U.S. citizen fathers, all longtime Texas residents with no criminal records, who were arrested after a routine traffic stop and detained without a meaningful opportunity to contest the need for their detention. The American Immigration Council and the National Immigration Project argued on behalf of the three men in the Fifth Circuit, and the cases were consolidated for appeal.
“This case begs a simple question: If the government wants to lock up someone, does it have to show that there is a purpose to the incarceration?” said Rebecca Casler, senior litigation attorney at the American Immigration Council, which argued the case. “Today’s decision reaffirms that just because someone is in immigration proceedings their constitutional rights do not disappear. The government must provide people with a meaningful opportunity to challenge their detention.”
In its ruling, the court held that the constitution does not permit the government to detain noncitizens “indefinitely and for extended periods without individual decision.” Noncitizens detained under the government’s recently expanded mandatory detention policy are entitled to a bail hearing within 90 days of their arrest, at which the government must provide a case-by-case justification for continued detention. Regardless of the provisions of the Immigration Detention Act, it is not possible to simply detain a person based on the method of entry.
“For more than a century, the Fifth Amendment has protected people in this country from being imprisoned without just cause. The only thing it doesn’t do is force itself,” said Ellie Norton, chief prosecutor at the National Immigration Project. “Ignacio, Alejandro, and Miguel are fathers who have lived in Texas for more than a decade. They are the reason this court had to confront the question of how the government can detain people like them without any checks and balances. Thousands of people in custody will benefit from what these three men were willing to fight for.”
This decision will provide important due process protections to people held in immigration detention centers across Texas, Louisiana, and Mississippi, which have the nation’s largest immigrant populations. The court’s decision has significant implications for the thousands of noncitizens the government has detained in these states without due process. We are asking the government to justify the detention of people who have built and contributed to this country’s lives, and the millions of taxpayer dollars it spends to do so.
Under the second Trump administration, immigration detention has expanded dramatically, while reports of overcrowding, inadequate medical care and record deaths in detention continue to mount. Without an opportunity to appear before a judge, people who are not dangerous or a flight risk can remain incarcerated for long periods while their immigration cases progress. The Fifth Circuit’s decision puts an end to this fraud.
Additional background on the judgment:
For noncitizens detained under 8 USC 1225(b)(2)(A) and subject to mandatory detention under the Fifth Circuit’s decision in Buenrostro Mendez v. Bondi, 166 F.4th 494, 506 (5th Cir. 2026), “the government must show” that the individual poses a “specific and articulable threat” or flight risk. Based on Supreme Court precedent, the court held that individuals detained under the law must be provided with a bail hearing within 90 days of detention, at which the government must clearly explain the “individualized justification” for continued detention. The court made clear that its decision does not require all noncitizens subject to mandatory detention in the Fifth Circuit to file individual habeas petitions to receive this relief.
Read the judgment here.
Read more about the lawsuit here.
Media Contact
Elissa Pachico [email protected]
lily gonzalez [email protected]
###
The National Immigration Project is a membership organization of attorneys, advocates, and community members who believe that all people should be treated with dignity, live freely, and thrive. We litigate, advocate, educate, and build bridges across movements to uplift and support those most impacted by our immigration and criminal systems. For more information, visit nipnlg.org. Follow the National Immigration Project on Bluesky, Facebook, Instagram, and threads at @NIPNLG.
The American Immigration Council is working to create a more welcoming and fair immigration system. Through litigation, research, and programs that expand access to legal aid, the Council welcomes immigrants, enriches communities, and helps ensure justice prevails for all. Follow us on BlueSky @immcouncil.org and on Instagram @immcouncil.
