US court backs ICE power to hold immigrants without bond as deportation cases proceed

By: Hindustan Times World

Published: 24 October 2026

Photo / Illustration: Haldwani Times News Desk

The US Court of Appeals for the Fifth Circuit has ruled that certain immigrants who entered the country without lawful admission can be detained by Immigration and Customs Enforcement (ICE) without bond hearings throughout their deportation proceedings, backing the Trump administration's expanded detention policy in a divided decision on October 23. ICE can hold immigrants without bond until deportation cases end, US court rules. (AP Photo)The 10–7 ruling overturned lower court orders that had required the government to provide individual bond hearings to three immigrants detained by ICE. The full appeals court held that federal immigration law allows mandatory detention for people covered by the relevant provision while their removal proceedings remain pending. ICE posted the announcement on X, declaring that immigrants arrested by the agency could be detained without bond throughout their removal proceedings. The ruling applies within the Fifth Circuit's jurisdiction, which covers Texas, Louisiana and Mississippi. The case involved three immigrants who had lived in the US for years without being lawfully admitted. They challenged their detention, arguing that holding them without individual hearings to assess whether they posed a danger to the public or were likely to flee violated their constitutional rights. Federal district courts initially ruled in their favor, ordering the government to provide bond hearings. A three-judge panel of the Fifth Circuit upheld those decisions in July 2026, requiring the government to provide hearings within 90 days. However, the full appeals court reconsidered the cases and reversed the earlier rulings. The majority relied on the Immigration and Nationality Act, which requires detention for certain applicants for admission who are not clearly entitled to enter the US. The court concluded that the provision does not require immigration authorities to offer individual bond hearings to people detained under it. The decision does not mean every person arrested by ICE must be held without bond. Its scope depends on the applicable immigration law and the circumstances of the detention. Seven judges dissented, raising concerns about the constitutional protections available to immigrants held in prolonged detention without an opportunity to seek release. The legal dispute centers on whether the government can classify immigrants apprehended inside the country as applicants for admission and subject them to mandatory detention, rather than allowing them to seek bond under a separate provision of federal law. The Trump administration has defended its interpretation as consistent with the Immigration and Nationality Act. The decision represents a significant victory for the administration's efforts to expand immigration detention. For immigrants covered by the ruling in Texas, Louisiana and Mississippi, the government no longer needs to provide individual bond hearings under the provision at issue. The ruling does not resolve every legal challenge to mandatory detention nationwide. Separate challenges to the administration's interpretation of immigration law continue, leaving the broader scope of detention without bond subject to further judicial review. Asmi is a Senior Content Producer primarily covering stories related to NRIs, immigration, visas, citizenship and global mobility. She closely follows developments that affect Indians living, working and studying abroad, with a particular focus on translating complex policies and international developments into clear, accessible stories for readers. As part of the US Desk, Asmi also reports on a wide range of political, economic and social developments in the United States, exploring their relevance to Indian and global audiences. Her work spans breaking news, features, trends and explanatory stories, with an emphasis on accuracy, timely reporting and audience-focused storytelling. Asmi likes finding the human angle behind major developments and bringing context to stories that can often feel complicated or distant. She is especially interested in stories around immigration, life abroad, careers, education and the experiences of the Indian diaspora, while also exploring a wide range of topics that spark curiosity and conversation. Outside the newsroom, Asmi is an avid reader and loves travelling, discovering new places, experiencing different cultures and collecting stories along the way.Read More

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