The full 5th U.S. Circuit Court of Appeals in New Orleans ruled Friday that immigration detainees do not have a constitutional right to bond hearings, NOLA.com and Reuters reported^1,2. The court posted a published opinion³.

NOLA.com said the court held that federal officials can keep immigrants in ICE custody without a hearing before a judge, in a case brought by three men without criminal records who lived in Texas before arrests in late 2025 and early 2026¹.

Reuters reported a 10-7 vote of the full court and said the majority concluded that Fifth Amendment due process does not require bond hearings². NOLA.com described a different split: eight judges with the administration on the policy, Judge Priscilla Richman joining the result on other grounds, and seven dissenting¹. The exact vote count is disputed between those accounts^1,2.

Judge Cory Wilson wrote the majority opinion, both reports said^1,2. NOLA.com quoted him that the petitioners were not entitled to individual hearings on dangerousness or flight risk before detention pending removal, and that detention length did not warrant habeas relief¹.

Reuters said the ruling applies in Texas, Louisiana and Mississippi and reversed a July panel that had limited ICE to 90 days without a chance to seek bond². NOLA.com said a smaller 5th Circuit panel had earlier sided with the plaintiffs in February, then the full court stayed those decisions and heard the case on Sept. 24¹.

Rebecca Cassler of the American Immigration Council, who argued for the plaintiffs, said the government must explain why detention is necessary and that anyone detained has a right to ask a judge for review, NOLA.com reported¹. Reuters quoted Ellie Norton of the National Immigration Project saying the ruling would lead to more people being held, and said Homeland Security general counsel James Percival called the outcome a win on mandatory detention².

Reuters said the U.S. Supreme Court has agreed to consider a related statutory question, not the constitutional issue the 5th Circuit decided Friday². How the tracks interact is not yet known^1,2,3.

Sources

1. NOLA.comImmigrants in custody have no right to bond hearings, New Orleans federal appeals court rulesOct 23, 4:12 PM
2. ReutersDetained migrants have no constitutional right to bond hearings, US court rulesOct 23, 4:25 PM
3. U.S. Court of Appeals for the 5th CircuitPublished opinion in 26-50183Oct 22, 8:00 PM

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