Mukta Joshi is an investigative reporter at Mississippi Today. She is spending a year as a New York Times Local Investigations fellow examining immigration and criminal justice issues. She can be reached at [email protected].
Immigrants arrested within the country are entitled to a bond hearing within 90 days of detention, the 5th U.S. Circuit Court of Appeals ruled 2-1 Thursday. The court, which covers Mississippi, Louisiana and Texas, held that unjustified detention beyond this period would violate the due process guaranteed by the Constitution.
More than 58,000 immigrants held by U.S. Immigration and Customs Enforcement have petitioned federal courts across the country, challenging their detention. Nearly 600 of those petitions have been filed in Mississippi. The federal judge assigned to all of their cases, David Bramlette, has not decided on the merits of a single one, leaving hundreds of detainees in limbo. Some have been held in Mississippi for more than a year.
The decision Thursday was made by a panel of three judges, which means the government will have an opportunity to seek a rehearing of the panel’s decision by the full appeals court.
Earlier this year in a separate case, the same court had interpreted the federal statute invoked by ICE to deny bond hearings en masse.
For decades, federal courts across the U.S. had distinguished between people arrested and detained at the border while trying to enter the country and people who had already been living in the United States for years. Those arrested inside the United States were automatically provided bond hearings by ICE. Bond hearings are the stage at which an immigration court would determine whether the detainee was dangerous, or posed a flight risk.
But in 2025, the Trump administration began enforcing a mandatory detention policy, meaning most people would be denied bond hearings and be held in ICE custody until an immigration court decided whether they should be deported or allowed to remain in the country.
As a result, federal courts across the country were flooded by constitutional habeas corpus petitions by ICE detainees challenging their continued detention without bond hearings. The decision on Thursday said the situation was creating “enormous difficulties” for district courts.
In February, the conservative New Orleans-based appeals court became one of two circuits upholding this mandatory detention policy. It held that federal law did not make any distinction between where people had been arrested and how long they had been living in the U.S.
On Thursday, the same court, while agreeing that the statute made no distinction, held that ICE could hold detainees “for ninety days but no longer” without a bond hearing, because continued detention without justification would violate the Constitution.
The case decided on Thursday came before the court on appeal when judges in Texas granted bond hearings to three ICE detainees who had filed habeas petitions. Federal immigration authorities challenged those decisions, arguing they had the right to hold those detainees without providing them with bond hearings.
The three petitioners, who were all detained by ICE during traffic stops, had entered the country more than a decade before, resided in the United States and were fathers to U.S. citizens. When Texas judges granted their habeas petitions after months of detention, the government had argued that they were not entitled to due process and had no right to a bond hearing.
The court upheld that freedom from detention is a fundamental right the Constitution provides to all human beings within American jurisdiction, not just U.S. citizens. Referring to the Board of Immigration Appeals, the court said Thursday, “Even though the BIA reinterpreted the meaning of statutory language, the Constitution has not changed.”
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