Author Archives: Frank Rizzo

WASHINGTON, D.C., July 3, 2026 — On July 2, the U.S. Court of Appeals for the Fifth Circuit ruled that people facing immigration detention have the right to meaningful due process protections and must be afforded a bond hearing within 90 days. The decision deals a major blow to the Trump administration’s new mass detention efforts, rejecting the government’s argument that it can detain people without ever having to justify it to a judge. 

At the center of the case are three fathers of U.S. citizen children—all longtime Texas residents with no criminal history—who were arrested following routine traffic stops and detained without any meaningful opportunity to challenge whether that detention was necessary. The American Immigration Council and the National Immigration Project argued before the Fifth Circuit on behalf of these three men, whose cases were consolidated for appeal.

“This case asked a simple question: if the government wants to lock someone up, does it have to show that imprisonment serves a purpose?” said Rebecca Cassler, senior litigation attorney at the American Immigration Council, who argued the case. “Today’s decision reaffirms that constitutional rights do not disappear simply because someone is in immigration proceedings. The government must provide a meaningful opportunity for people to challenge their detention.” 

In its decision, the court held that the Constitution does not allow the government to detain noncitizens for “indefinite and extensive periods of time without an individualized determination.” Noncitizens detained under the government’s recently expanded mandatory detention policy are entitled to a bond hearing within 90 days of their arrest, and at that hearing, the government must provide an individualized justification for continued detention. It cannot simply hold someone because of how they entered the country, no matter what the immigration detention statute says. 

“The Fifth Amendment has protected people living in this country from being imprisoned without justification for well over a century. What it doesn’t do is enforce itself,” said Ellie Norton, Senior Staff Attorney, of the National Immigration Project. “Ignacio, Alejandro, and Miguel are fathers who have lived in Texas for more than a decade. They’re the reason this court had to confront the question of whether the government can detain people like them without any checks and balances. Thousands of people in detention will benefit from what these three men were willing to fight for.” 

The decision will provide crucial due process protections for people held in immigration detention throughout Texas, Louisiana, and Mississippi, states that collectively hold some of the largest immigration detention populations in the country. The court’s ruling has enormous implications for the thousands of noncitizens the government has detained in these states without any due process. It requires the administration to justify their incarceration and the expenditure of millions of taxpayer dollars on detention of people who have built their lives in and contributed to this country. 

Immigration detention has expanded dramatically under the second Trump administration, while reports of overcrowding, inadequate medical care, and a record number of deaths in custody have continued to mount. Without the chance to go before a judge, people who pose no danger and no flight risk can remain incarcerated for prolonged periods while their immigration cases proceed. The Fifth Circuit’s decision puts an end to this injustice.

Additional context on the ruling:

For any noncitizen held under 8 U.S.C. 1225(b)(2)(A) and thus subject to mandatory detention under the Fifth Circuit’s ruling in Buenrostro-Mendez v. Bondi, 166 F.4th 494, 506 (5th Cir. 2026), “the Government must show” that the individual presents an “identified and articulable threat” or flight risk. Relying on Supreme Court precedent, the court held that individuals detained under this statute must be provided bond hearings within 90 days of their detention, where the government must articulate an “individualized justification” for continued detention. The court made clear that its ruling does not require every single noncitizen subject to mandatory detention in the Fifth Circuit to file an individual habeas petition to get this relief.

Read the ruling here.

More about the lawsuit here.

MEDIA CONTACTS

Elyssa Pachico, [email protected] 

Lilly Gonzalez, [email protected] 

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The National Immigration Project is a membership organization of attorneys, advocates, and community members who believe that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those most impacted by the immigration and criminal systems are uplifted and supported. Learn more at nipnlg.org. Follow the National Immigration Project on Bluesky, Facebook, Instagram, and Threads at @NIPNLG.

The American Immigration Council works to create a more welcoming and fair immigration system. Through litigation, research, and programs that expand access to legal assistance, the Council helps ensure immigrants are embraced, communities are enriched, and justice prevails for all. Follow us on BlueSky @immcouncil.org and Instagram @immcouncil.   

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