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

[BumRushDaShow]

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

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Link to ORDER (PDF) - https://s3.documentcloud.org/documents/28405931/ca5.pdf

[Danascot]

1. 90 days for immigrants who haven't been charged with any crime

but only 30 days for confessed and convicted rapist Adam Hoffman who repeatedly raped a Texas boy — for nearly three years — dozens and dozens of times.

Texas Attorney General Ken Paxton, a Republican candidate for Senate in 2026, brokered a plea deal for a man accused of child sex abuse that allowed him to serve only 30 days in jail and not have to register as a sex offender.

GOP family values.

[ananda]

7. I was going to say 90 days is a ridiculous amount of time.

None would be appropriate.

[Bayard]

2. This is a BFD

Especially out of the 5th circuit. Ketchup is flying!

[sop]

3. 90 days? Why not a prompt judicial determination of probable cause, like it says in the Constitution?

In County of Riverside v. McLaughlin the U.S. Supreme Court defined that as usually within 48 hours. The Constitution also applies to non-citizens on U.S. soil, including undocumented immigrants.

[BumRushDaShow]

4. The nativist loons do NOT believe that the Constitution is applicable for anyone other than who THEY deem "citizens"

They have been misinformed and indoctrinated with an avalanche of false information.

This is why they so flagrantly violate the law when it comes to "immigrants" or anyone they think is an "immigrant" (predominately non-European origin).

[irisblue]

5. Good! Should be better though

[Martin68]

6. Imposing the Rule of Lawn ICE. They need to be reigned in.