Fifth Circuit Rules in Favor of Indefinite ICE Detainment

In Feburary 2026, a Fifth Circuit panel upheld ICE’s reading of immigration law, which required detention without a bond hearing. Over the past year, judges have ruled against ICE’s policy of detaining without bond in over 21,150 cases.

Other federal judges have since found that such a policy constitutes a violation of the detainee’s right to due process.