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5th Circuit: ICE must offer bond hearings after 90 days under Trump detention policy

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2026-07-03 06:18:35
According to CNBC, a divided 5th U.S. Circuit Court of Appeals panel ruled Thursday that U.S. Immigration and Customs Enforcement cannot detain people for more than 90 days under the Trump administration’s mass detention policy without giving them a chance to seek release on bond before an immigration judge. The 2-1 decision, written by U.S. Circuit Judge Leslie Southwick, could affect thousands detained in states within the court’s jurisdiction, including Texas and Louisiana; U.S. Circuit Judge Cory Wilson dissented. The case follows a February ruling by a different 5th Circuit panel that endorsed the administration’s interpretation of federal immigration law allowing mandatory detention of certain non-citizens, while the Trump administration last week asked the U.S. Supreme Court to resolve a broader split among federal appeals courts over that interpretation.
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