The Trump administration received a win handed down by a U.S. 5th Circuit Court of Appeals panel on Friday regarding immigration enforcement. In a 2-1 ruling, the federal judges sided with the federal government, allowing the detaining of immigrants without bond while their cases are being processed.
In her reversal of a lower court’s decisions, Circuit Judge Edith H. Jones wrote in the ruling that the Department of Homeland Security’s actions were constitutional under the Immigration and Nationality Act and that “unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States.”
Judge Dana Douglas dissented from the ruling, writing that the Trump administration’s detention practices are unprecedented and inconsistent with the original intent of immigration law.
“The overwhelming majority of courts in this circuit and elsewhere have recognized that the government’s position is totally unsupported,” she wrote. “Undeterred, the majority and the government distort the statutory text, abstract it from its context and history, ignore the Supreme Court’s clearly stated understanding of the statutory scheme, and wave away the agency’s previous failure to detain millions of noncitizens as if it were a rounding error.”
The case centered around two Mexican nationals who both entered the United States illegally over a decade ago. Lower courts both granted the men bond hearings and they were ultimately released, per the Friday ruling. The government appealed to the higher court, resulting in Friday’s decision.
“The government’s proposed reading of the statute would mean that, for purposes of immigration detention, the border is now everywhere. That is not the law Congress passed, and if it had, it would have spoken much more clearly,” Douglas concluded. “I dissent.”
Attorney General Pam Bondi reacted to the ruling on X, saying it was a “crucial legal victory” for the Trump administration.
“The Fifth Circuit just held illegal aliens can rightfully be detained without bond — a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn,” she added. “We will continue vindicating President Trump’s law and order agenda in courtrooms across the country.”