US Court Upholds Trump-Era Detention Without Bond Policy

Appellate court reverses lower court decision, allowing continued detention of undocumented immigrants

Mar. 27, 2026 at 4:11am

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A US federal appellate court has upheld the Trump administration's practice of detaining undocumented immigrants without bond, reversing a lower court decision. The ruling aligns with a previous decision by the US Court of Appeals for the Fifth Circuit and will be binding within the seven states of the Eighth Circuit, including Minnesota where hundreds of lawsuits were filed challenging the policy.

Why it matters

This decision represents a major victory for the Trump administration's hardline immigration enforcement policies, which have faced legal challenges from immigrant advocates and civil liberties groups. The ruling could lead to the continued detention of hundreds, if not thousands, of undocumented immigrants across multiple states without the possibility of release on bond.

The details

In August 2025, the Department of Homeland Security (DHS) arrested Mexican citizen Joaquin Herrera Avila in Minneapolis for lacking proper documentation to enter the US, detained him without bond, and placed him into removal proceedings. A federal district court initially granted Avila's habeas corpus petition seeking release, reasoning that the statute requiring mandatory detention only applied to those who had taken affirmative action to apply for immigration status. However, the federal appellate court disagreed, finding that even those already present in the US without lawful admission could be subject to mandatory detention.

  • In August 2025, DHS arrested Joaquin Herrera Avila in Minneapolis.
  • In October 2025, a federal district court granted Avila's habeas corpus petition seeking release.
  • In February 2026, the US Court of Appeals for the Fifth Circuit upheld the denial of a bond hearing for detained immigrants.
  • On March 27, 2026, the US Court of Appeals for the Eighth Circuit ruled 2-1 in favor of the administration's mass detention policy.

The players

Joaquin Herrera Avila

A Mexican citizen arrested by DHS in Minneapolis in August 2025 for lacking proper documentation to enter the US.

Pamela Bondi

The Attorney General who praised the court's decision, calling it a "massive court victory" for President Trump's "law and order agenda".

Michael Tan

An American Civil Liberties Union attorney and counsel for Joaquin Herrera Avila, who said he and his team will assess appropriate next steps in the case.

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What they’re saying

“MASSIVE COURT VICTORY against activist judges and for President Trump's law and order agenda! The Eighth Circuit has held that illegal aliens can be detained without bond — following a similar ruling from the Fifth Circuit last month. The law is very clear, but Democrats and activist judges haven't wanted to enforce it. This administration WILL.”

— Pamela Bondi, Attorney General

“We will assess appropriate next steps in the case.”

— Michael Tan, ACLU Attorney

What’s next

The ACLU attorney representing Joaquin Herrera Avila stated that he and his team will assess appropriate next steps in the case following the appellate court's ruling upholding the Trump-era detention without bond policy.

The takeaway

This ruling represents a significant victory for the Trump administration's hardline immigration enforcement policies, which have faced numerous legal challenges. The decision could lead to the continued detention of hundreds or thousands of undocumented immigrants across multiple states without the possibility of release on bond, underscoring the administration's commitment to its 'law and order' agenda on immigration.