NEW: Appeals Court Upholds Critical ICE Detention Policy

In a significant decision on immigration enforcement, the U.S. Court of Appeals for the Fifth Circuit ruled on Friday that certain illegal aliens who have resided in the United States for years are subject to mandatory detention without bond hearings during their removal proceedings.

The cases involve two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias, who entered the U.S. without inspection in 2009 and 2001, respectively. Both were apprehended by Immigration and Customs Enforcement (ICE) in 2025 and placed in removal proceedings under 8 U.S.C. § 1229a. DHS detained them under 8 U.S.C. § 1225(b)(2)(A), which mandates detention for “applicants for admission” who are not “clearly and beyond a doubt entitled to be admitted.”

The petitioners sought bond hearings under 8 U.S.C. § 1226(a), which allows discretionary release on bond for certain aliens pending removal decisions. Immigration judges denied their requests, citing the applicability of a separate statute.

They then filed habeas corpus petitions in the U.S. District Court for the Southern District of Texas, alleging violations of the Immigration and Nationality Act (INA), the Fifth Amendment, and the Administrative Procedure Act (APA). Both district courts granted the petitions, ordering bond hearings, after which the petitioners were released on bond.

The federal government appealed that decision, arguing that the petitioners fall under the definition of “applicants for admission” as aliens “present in the United States who ha[ve] not been admitted.” This definition, enacted as part of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), treats such individuals similarly to those arriving at ports of entry.

Prior to 2025, previous administrations had typically allowed bond hearings for illegal aliens who had resided in the United States for a number of years. However, in July 2025, the Board of Immigration Appeals (BIA) clarified in a separate case that such illegal aliens are subject to mandatory detention.

On Friday, the U.S. Court of Appeals for the Fifth Circuit consolidated the two cases and reversed lower court decisions that had granted bond to the petitioners.

“The petitioners concede that they are applicants for admission within the meaning of § 1225(a)(1),” Circuit Judge Edith H. Jones wrote in the majority opinion. “Presence without admission deems the petitioners to be applicants for admission.”

The court further emphasized that the statute’s text mandates detention without bond. “The statute unambiguously provides for mandatory detention. See 8 U.S.C. § 1225(b)(2)(A) (providing that aliens ‘shall be detained’).”

U.S. Attorney General Pam Bondi praised the ruling on social media, stating it deals “a significant blow against activist judges who have been ordering the release of illegal aliens.”

Friday’s decision marks a win for the administration’s enforcement priorities, potentially affecting millions of undocumented immigrants in removal proceedings. It may influence ongoing litigation in other circuits and could reach the Supreme Court.

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