By Mark Tanos
The Fifth Circuit Court of Appeals handed the Trump administration a major victory Friday night, ruling that illegal immigrants can be detained without bond during deportation proceedings.
Attorney General Pam Bondi celebrated the decision on social media, calling it “a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn,” according to a post on X. Bondi credited Department of Justice (DOJ) attorney Ben Hayes, who argued the case, along with Brett Shumate and the DOJ Civil Division. “We will continue vindicating President Trump’s law and order agenda in courtrooms across the country,” she wrote.
The 2-1 ruling reversed two lower court orders and found that the administration acted within its authority when it changed how federal detention laws apply to illegal immigrants, according to the court opinion. Judge Edith Jones, a Ronald Reagan appointee, wrote the majority opinion joined by Judge Stuart Kyle Duncan, a Trump appointee. (RELATED: Appeals Court Halts Order Limiting ICE Tactics)
Jones rejected arguments that the government’s interpretation contradicted decades of practice. “The text says what it says, regardless of the decisions of prior Administrations,” she wrote. The court found that illegal immigrants who entered without inspection qualify as “applicants for admission” under federal law and therefore face mandatory detention.
Previous administrations generally allowed illegal immigrants living in the country to seek bond hearings before immigration judges, according to CBS News. Previously, only those who recently crossed the border or had certain criminal convictions faced mandatory detention.
The policy shift began last summer when the Department of Homeland Security (DHS) adopted a new interpretation of existing statutes, according to Reuters. The Board of Immigration Appeals backed that interpretation in a September decision. The ruling applies to Texas and Louisiana, which hold the most immigration detainees in the country. The case involved two Mexican nationals who entered the U.S. illegally in 2001 and 2009 and were detained in 2025.
Other appeals courts are still reviewing the policy. Legal experts expect the matter to eventually reach the Supreme Court.
