Appeals Court Rules Illegal Immigrants Can Be Detained Without Bond

Eighth Circuit overturns lower court, allows federal authorities to hold immigrants without bond hearings

Mar. 26, 2026 at 11:46pm

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A federal appeals court has ruled that illegal immigrants arrested anywhere in the United States can be considered 'seeking admission,' allowing federal authorities to hold them without a bond hearing during deportation proceedings. The ruling overturns a lower court decision and follows a similar ruling from the Fifth Circuit last month.

Why it matters

This ruling is a major victory for the Trump administration's immigration agenda, giving federal authorities more power to detain illegal immigrants without bond. It could set up a potential Supreme Court showdown on the issue, as federal courts remain split.

The details

In a split 2-1 decision, the U.S. Court of Appeals for the Eighth Circuit ruled that the government can detain illegal immigrants without bond, even if they have lived in the U.S. for years. The case centered on Joaquin Herrera Avila, a Mexican national arrested in Minnesota in 2025 for lacking legal documents, despite having lived in the U.S. for over 20 years. A lower court had previously ruled he should be eligible for a bond hearing, but the Eighth Circuit reversed that decision.

  • The Eighth Circuit ruling was released on March 26, 2026.
  • A similar ruling from the Fifth Circuit was issued last month.

The players

Joaquin Herrera Avila

A Mexican national arrested in Minnesota in 2025 for lacking legal documents, despite having lived in the U.S. for over 20 years.

Pam Bondi

U.S. Attorney General who applauded the Eighth Circuit ruling as a 'massive court victory' for the Trump administration's immigration agenda.

Bobby E. Shepherd

Judge who wrote the majority opinion for the Eighth Circuit, ruling that illegal immigrants can be considered 'seeking admission' and detained without bond.

Ralph R. Erickson

Judge who dissented from the Eighth Circuit ruling, criticizing it as a 'novel interpretation' of federal law.

Elyse Apel

Reporter for The Center Square who covered the Eighth Circuit ruling.

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What they’re saying

“Being 'admitted' does not merely mean being present in the United States. Under immigration law, it signifies having made a lawful entry into the country.”

— Bobby E. Shepherd, Judge, U.S. Court of Appeals for the Eighth Circuit

“This ruling is a massive court victory against activist judges and for President Trump's law and order agenda. The law is very clear, but Democrats and activist judges haven't wanted to enforce it. This administration WILL.”

— Pam Bondi, U.S. Attorney General

“Imagine how many illegal alien crimes could have been averted if the left had simply followed the law?”

— Pam Bondi, U.S. Attorney General

What’s next

With federal judges split on the issue, this newest ruling could set up a potential Supreme Court showdown.

The takeaway

This ruling represents a major victory for the Trump administration's hardline immigration agenda, giving federal authorities more power to detain illegal immigrants without bond. However, the split among federal courts suggests the issue may ultimately be decided by the Supreme Court.