Appeals court rules ICE cannot detain migrants beyond 90 days without bond hearing

Source: The Independent

Thursday 02 July 2026 20:05 EDT


A federal appeals court has delivered a significant blow to the Trump administration's immigration policies, ruling that U.S. Immigration and Customs Enforcement (ICE) cannot detain individuals for more than 90 days without providing them an opportunity for release on bond.

This decision, issued by a divided 2-1 panel of the New Orleans-based 5th U.S. Circuit Court of Appeals, could impact thousands of people held in states like Texas and Louisiana, which fall under its jurisdiction and have been central to President Donald Trump's immigration crackdown.

The ruling marks a shift from a previous decision by a different panel of the same court, which had initially endorsed the Trump administration's interpretation of a federal immigration statute allowing for mandatory detention of non-citizens.

However, that earlier February ruling did not address whether the Fifth Amendment's due process protections require these migrants to be given a chance to seek release through a bond hearing before an immigration judge.

Read more: https://www.the-independent.com/news/world/americas/us-politics/trump-migrants-ice-detention-bond-hearing-b3007998.html