Trump administration cannot hold migrants without bond hearings past 90 days

Key Points:

• A divided 5th U.S. Circuit Court of Appeals ruled that U.S. Immigration and Customs Enforcement (ICE) cannot detain individuals for more than 90 days under the Trump administration's mass detention policy without offering a bond hearing.
• The ruling impacts thousands detained in states under the 5th Circuit's jurisdiction, including Texas and Louisiana, and challenges the administration's expanded interpretation of mandatory detention for non-citizens residing in the U.S.
• The majority opinion, citing the Fifth Amendment's due process clause, emphasized that all individuals within U.S. borders have a right to be heard before prolonged detention, while the dissent argued Congress has plenary authority over immigration.
• The Department of Homeland Security's 2022 reinterpretation classified non-citizens already in the U.S. as "applicants for admission," subjecting them to mandatory detention without bond, a stance previously endorsed by the Board of Immigration Appeals.
• Immigration advocates praised the ruling as a reinforcement of constitutional protections against indefinite detention, while the DHS did not comment on the decision.