Key facts
- Thousands of ICE detainees in Texas have no right to seek release on bond.
- The 5th Circuit Court of Appeals ruled 10-7 that Congress intended to restrict release for those facing deportation.
- The ruling supports the Trump administration's mandatory detention policy for undocumented immigrants.
- The Supreme Court will review the legality of the policy.
A divided federal appeals court ruled Friday that thousands of Immigration and Customs Enforcement (ICE) detainees being held in Texas have no rights to seek release on bond, even if they have been held for months or years while their immigration proceedings play out. The full bench of the 5th Circuit Court of Appeals concluded 10-7 that Congress had intended to restrict the availability of release for people facing potential deportation, even if they have lived in the U.S. for years without criminal records and had attended their ICE check-ins. This decision is the most consequential ruling yet in support of the Trump administration’s policy of mandatory detention for those who entered the country without permission. The Supreme Court has agreed to weigh the legality of that policy this term.