Federal Court Upholds Trump-Era Immigrant Detention Policy

Ruling reverses lower court orders and allows ICE to detain most undocumented immigrants without bond

Published on Feb. 7, 2026

Got story updates? Submit your updates here. ›

A divided federal appeals court in New Orleans ruled in favor of the Trump administration's policy of detaining most undocumented immigrants without bond, a decision that legal experts say is a serious blow to due process. The 5th Circuit Court of Appeals panel voted 2-1 to reverse lower court orders, finding the administration's interpretation of immigration detention laws legally sound.

Why it matters

This ruling overturns decades of precedent that generally allowed unauthorized immigrants who had lived in the U.S. for years to attend bond hearings and argue they posed no flight risk. The decision could lead to the detention of thousands of immigrants who previously would have been allowed to contest their deportation without being held indefinitely.

The details

The court ruled that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 gives the government broad authority to detain most undocumented immigrants, even those who have lived in the U.S. for years. The majority opinion stated that "the text [of the law] says what it says, regardless of the decisions of prior administrations." The dissenting judge argued the ruling contradicts the historical interpretation and enforcement of the law.

  • The 5th Circuit Court of Appeals panel issued its ruling on February 7, 2026.

The players

5th Circuit Court of Appeals

A federal appeals court with jurisdiction over Texas, Louisiana, and Mississippi.

Judge Edith Jones

A Reagan-appointed judge who wrote the majority opinion upholding the Trump administration's detention policy.

Judge Dana M. Douglas

A Biden-appointed judge who dissented, arguing the ruling contradicts the historical interpretation of the immigration law.

Donald Trump

The former president whose administration implemented the expanded immigrant detention policy.

Pam Bondi

The current U.S. Attorney General who praised the court's ruling as a "significant blow against activist judges."

Got photos? Submit your photos here. ›

What they’re saying

“The text [of the IIRIRA] says what it says, regardless of the decisions of prior administrations. That prior administrations decided to use less than their full enforcement authority... does not mean they lacked the authority to do more.”

— Judge Edith Jones (rawstory.com)

“Nonetheless, the government today asserts the authority and mandate to detain millions of noncitizens in the interior, some of them present here for decades, on the same terms as if they were apprehended at the border. No matter that this newly discovered mandate arrives without historical precedent, and in the teeth of one of the core distinctions of immigration law. The overwhelming majority elsewhere have recognized that the government's position is totally unsupported.”

— Judge Dana M. Douglas (rawstory.com)

“AWFUL news for due process. This decision will wipe out the availability of release through bond for tens of thousands of people detained in or transported to Texas, Louisiana, and Mississippi by ICE.”

— Aaron Reichlin-Melnick, Senior Fellow, American Immigration Council (Twitter)

What’s next

The ruling only applies to the 5th Circuit's jurisdiction, but there are numerous other legal challenges to the administration's detention policy in courts across the country.

The takeaway

This decision represents a significant expansion of the government's authority to detain undocumented immigrants, even those who have lived in the U.S. for years, without the possibility of bond. It marks a major shift away from prior policies that generally allowed long-term residents to contest deportation without being held indefinitely.