Fifth Circuit upholds Trump administration's mandatory detention policy

A divided Fifth Circuit panel ruled Friday that the Trump administration can lawfully deny bond hearings for many people in deportation proceedings. The 2-1 decision overruled federal judges in two separate cases. It held that all applicants for admission in removal proceedings must remain in mandatory detention, regardless of how long they have lived in the United States. U.S. Circuit Judge Edith Jones wrote for the majority that the Immigration and Naturalization Act requires detention for applicants for admission who are not clearly entitled to enter. The opinion treated the statutory term applicants for admission as equivalent to those seeking admission, even after years in the country. The ruling upheld an ICE memo issued in July 2025. That memo directed that parole into the country does not count as lawful admission, so such individuals remain subject to mandatory detention without bond. U.S. Circuit Judge Dana Douglas dissented. She noted that more than 300 federal judges have ruled the policy illegal and said the majority's interpretation lacks historical precedent in immigration law. The American Civil Liberties Union, which represents the two petitioners, did not immediately respond to a request for comment. Department of Homeland Security Secretary Kristi Noem posted on social media that the court ruled the agency was right all along.