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Full 5th Circuit Rules 10-7 That the Constitution Does Not Require Bond Hearings for Immigrants Held Under Trump Detention Policy

The ruling covers Texas, Louisiana and Mississippi, while the Supreme Court separately decides whether federal immigration law itself requires the hearings.

How spun is the coverage?Coverage bias 5.0 / 10
4 sides analyzed13 sources cited

Three men, one 10-7 vote

On Friday, Oct. 23, 2026, the full 5th U.S. Circuit Court of Appeals voted 10-7 against three men held by immigration agents. Each had lived in the U.S. for about 14 to 22 years. ICE detained them after traffic stops[3]. The court held that the Constitution does not require a bond hearing for people held under the Trump administration's mandatory detention policy[1][2].

A bond hearing is short. An immigration judge asks whether a detained person is likely to flee or is a danger. If not, the judge can set bail. The person goes home while the deportation case plays out.

Judge Cory Wilson wrote the majority opinion. Judge Leslie Southwick wrote the main dissent, joined by five other judges. Judge Dana Douglas wrote a separate dissent[1][2]. The ruling covers Texas, Louisiana and Mississippi. It reverses lower-court orders that had granted hearings or release to the three men[3][9].

Two laws, one policy

The fight starts with a choice between two sections of immigration law. Before July 2025, most people arrested inside the country were held under 8 U.S.C. § 1226. That section lets detainees ask for bond[6].

The Department of Homeland Security (DHS) now takes a different view. It treats anyone who entered without inspection as an "applicant for admission" under § 1225(b)(2)(A). That section says such people "shall be detained." DHS applies it even if the person crossed decades ago[5][6].

Supporters of the policy point to what they see as a flaw in the old practice. Someone who showed up at a port of entry could be held without bond. Someone who crossed illegally and avoided capture could ask for release. In their view, that rewarded breaking the law. The administration also says it is following the plain text of the statute, not inventing a rule[6].

Two tracks, two courts

A detainee can try to win a bond hearing in two ways. One is the statute: the argument that § 1226, not § 1225, governs. The other is the Constitution: the argument that due process requires a hearing no matter what the statute says.

Friday's ruling closed the constitutional route in the 5th Circuit[1]. The statutory route is before the Supreme Court. On Oct. 1, the Court agreed to hear Rhoney v. Barbosa da Cunha. It will decide only what the statute means, not what the Constitution requires[1][7].

The appeals courts are split on that question. The 5th and 8th Circuits accept the government's reading. The 2nd, 6th, 7th, 9th, 10th and 11th reject it[7][11]. Arguments are expected early next year, with a decision by late June[7].

Ricardo Aparecido Barbosa da Cunha, the man at the center of that case, is a Brazilian national. He had lived in the U.S. for about two decades when he was arrested in Norwood, Massachusetts, in September 2025. Sources differ on whether he arrived around 2004[6] or 2005[12]. He had applied for asylum and had a work permit[12].

The majority's case: who decides

Judge Wilson framed the case as a question of who gets to decide. The Constitution, he wrote, gives Congress broad power over immigration. Congress may set rules for noncitizens that would not be acceptable for citizens[8].

Congress made detention mandatory without regard to danger or flight risk. So, the majority says, judges may not add hearings the statute leaves out[3]. The administration also cites the Supreme Court's 2018 decision in Jennings v. Rodriguez. There, the Court declined to read bond-hearing requirements into mandatory detention laws[13][2].

Wilson also addressed the detainees' interest in freedom from physical restraint. In "the most abstract sense," he wrote, they can end their detention "at any moment by agreeing to leave the country"[1]. The majority held that detained immigrants have no constitutional right to court proceedings beyond what Congress provided[1]. DHS's general counsel called the result a "big win in the 5th Circuit on mandatory detention for illegal aliens"[1].

The dissent's case: presence, not paperwork

Judge Southwick argued from long-standing Supreme Court precedent. In his account, a person's "presence and residence" in the country, not formal "admission," is what earns due process. He wrote that the majority had built "an impenetrable wall between the Constitution and these long-term residents"[8]. Mandatory detention touches the most basic liberty there is, he argued, so the government must show a legitimate reason to hold a specific person[2].

Judge Douglas wrote separately. "Unchecked, executive authority to arrest and detain, indefinitely, echoes fearfully from history," she wrote[1]. A lawyer for the National Immigration Project said the ruling "opens the door to more people being locked up for no reason"[1].

Lawyers for detainees stress how limited a bond hearing is. It doesn't guarantee release. It only lets a judge check whether someone is dangerous or likely to flee[9].

Why the location matters, and how outlets split

Where people are held raises the stakes. Texas, Louisiana and Mississippi hold more than 40% of ICE's average daily detainee population[10]. Mississippi Today reports more than 20,000 people in detention centers in the circuit[8]. Mandatory detention keeps people in custody for the whole removal case. That makes removal easier and requires more beds[5][8].

If the Supreme Court sides with the government on the statute, the 5th Circuit's constitutional ruling becomes the last word in these three states. If the Court rules against the government, bond hearings return under the statute, whatever the 5th Circuit said[1].

Coverage differed. Reuters, a U.K.-based wire, stayed mostly straight. It separated the constitutional ruling from the Supreme Court's statutory case and quoted both sides[1]. Breitbart's headline said "No 'Get Out of Jail' Card," which treats a hearing as automatic release. RedState's headline quoted a "Red Rover" line that couldn't be found in the available opinion text.

On the left, The New Republic stated "indefinitely" as fact, without attribution. Mississippi Today's headline said detainees have "no due process rights." The ruling is narrower than that. It is about bond hearings[8]. Each side wants one court's answer to be the end of the matter. Neither court has yet answered both questions.

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The Bias Ledger average rating 5

The same story, as framed by outlets across the spectrum, ordered least to most biased. The bias score (1 = straight, 10 = heavily spun) is an AI assessment of that framing — click an outlet to see its track record. The tell is the word choice or omission that reveals the angle.

OutletVantageBiasHow they frame itThe tell
ReutersU.K.-based wire, center2Detained migrants have no constitutional right to bond hearings, US court rulesMostly straight. It separates the constitutional ruling from the Supreme Court's statutory case. It quotes both DHS and the detainees' lawyers. It does call the result "powered by its conservative majority," a mild framing choice.
Washington ExaminerU.S. right3Appeals court upholds Trump policy of detention without bond hearingsThe headline is plain and factual. Its web address says "sides with Trump on indefinite illegal immigrant detention policy," which mixes the right's word choice with the left's "indefinite."
Al JazeeraQatari state-funded4US Supreme Court agrees to take up Trump's ICE detention policyThe plain headline is paired with body text describing a policy that covers "millions" of undocumented immigrants. It stresses crossings from "decades ago."
Mississippi TodayU.S. center-left nonprofit, regional5ICE detainees have no due process rights, court saysThe headline expands a ruling about bond hearings into "no due process rights" at all. The body is more careful and quotes both the majority and the dissent.
BreitbartU.S. right7Federal Court Says No 'Get Out of Jail' Card for Illegal Aliens"Get Out of Jail Card" treats a bond hearing as automatic release. In fact a hearing only lets a judge weigh flight risk and danger. The outlet also uses "illegal aliens" in its own voice.
RedStateU.S. right7'Not a National Game of Red Rover': 5th Circuit Hands Trump Major ICE Detention VictoryFrames the ruling as a win for Trump. Its headline quote could not be confirmed in the available opinion text.
The New RepublicU.S. left7Federal Judges Rule ICE Can Keep Detaining People Indefinitely"Indefinitely" is stated as fact, not attributed. Detention under the policy lasts as long as the removal case. The headline also leaves out the pending Supreme Court case on the statute.

References

  1. Detained Migrants Have No Constitutional Right to Bond Hearings, US Court Rules — Reuters · U.K.-based commercial wire service, center
  2. Fifth Circuit rules Trump mandatory detention policy constitutional — Courthouse News Service · U.S. legal-news trade outlet, center
  3. Defending the Constitutional Right of Longtime Residents to Challenge Their Detention — American Immigration Council · Pro-immigration advocacy group; litigating party's counsel side
  4. ICE must provide bond hearings within 90 days to detainees awaiting removal decision, appeals court says — Mississippi Today · Nonprofit, foundation-funded regional newsroom, center-left
  5. US Supreme Court agrees to take up Trump's ICE detention policy — Al Jazeera · Qatari state-funded broadcaster
  6. US Supreme Court agrees to hear challenge to mandatory immigration detention without bond hearings — JURIST · University of Pittsburgh-affiliated legal news service, center
  7. Supreme Court to review key part of Trump's immigration policy — CNN · U.S. commercial cable news, center-left
  8. ICE detainees have no due process rights, court says — Mississippi Today · Nonprofit, foundation-funded regional newsroom, center-left
  9. SCOTUS Wire post on Fifth Circuit en banc ruling — SCOTUS Wire (X) · Legal-news social media account, unaffiliated
  10. Immigrants in ICE detention have no due process rights under US Constitution, federal appeals court says — Verite News · Nonprofit New Orleans newsroom, center-left
  11. Supreme Court grants review of Trump administration's mandatory detention policy for immigrants — PBS NewsHour (Associated Press) · U.S. public broadcaster carrying nonprofit wire copy, center
  12. Brazilian Man's Traffic Stop Triggers Supreme Court Immigration Fight — Latin Times · U.S. commercial outlet aimed at Latino readers, center-left
  13. Jennings v. Rodriguez — Legal Information Institute, Cornell Law School · Academic legal reference, nonpartisan