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In a 2-1 decision handed down on February 6, 2026, the U.S. Court of Appeals for the Fifth Circuit sided with the Trump administration, ruling that undocumented immigrants who entered the United States without inspection can be subject to mandatory detention without access to bond hearings.
The consolidated cases involved two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias, who had been living in the U.S. for years before their apprehension. Lower courts in the Southern District of Texas had granted their habeas petitions, finding them eligible for bond hearings under 8 U.S.C. § 1226(a). The appeals court reversed those rulings, holding that such individuals qualify as "applicants for admission" under 8 U.S.C. § 1225(a)(1) and are thus subject to mandatory detention pursuant to § 1225(b)(2)(A) during removal proceedings.
Circuit Judge Edith H. Jones authored the majority opinion, joined by Judge Stuart Kyle Duncan. The court emphasized a strict reading of the statutory text from the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). "The text says what it says, regardless of the decisions of prior administrations," the opinion stated. Judge Jones rejected arguments that the policy represented an improper departure from longstanding interpretations by the Department of Homeland Security (DHS) and the Board of Immigration Appeals.
The majority argued that IIRIRA eliminated distinctions that previously favored bond eligibility for those who entered unlawfully. "By eliminating the exclusion/deportation dichotomy, IIRIRA put aliens seeking admission lawfully on equal footing with those who entered without inspection," Jones wrote. "It seems strange to suggest that Congress would have preserved bond hearings exclusively for unlawful entrants."
Circuit Judge Dana Douglas dissented, contending that Congress in 1996 "would be surprised to learn it had also required the detention without bond of two million people."
The policy, implemented by DHS in September 2025, extends mandatory detention beyond those apprehended at ports of entry to include many individuals already in the U.S. interior. It potentially affects thousands in detention facilities, particularly in Texas and Louisiana — states within the Fifth Circuit's jurisdiction.
U.S. Attorney General Pam Bondi celebrated the decision on X, stating: "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."
The ruling marks the first appellate-level endorsement of the administration's approach, despite widespread opposition from district courts nationwide. Reports indicate that hundreds of federal judges have previously rejected similar applications of the policy in thousands of cases.
The decision contrasts with other recent Fifth Circuit immigration rulings, such as a September 2025 preliminary injunction in W.M.M. v. Trump, which blocked certain deportations of Venezuelan nationals under the Alien Enemies Act due to insufficient due process notice periods.
The cases originated from district court proceedings in the Southern District of Texas, where judges had initially ruled in favor of bond eligibility for the detainees. The appeals court remanded the matters for further proceedings consistent with its opinion.
This development bolsters the Trump administration's aggressive immigration enforcement efforts, including expanded use of facilities like the "Alligator Alcatraz" detention center in Florida, toured by President Donald Trump, Florida Gov. Ron DeSantis, and DHS Secretary Kristi Noem in July 2025.
