Detained Migrants File Class Action Lawsuit Over Due Process Violations

Nonprofits allege Trump administration policy has eliminated asylum bond hearings for thousands.

Apr. 10, 2026 at 8:24pm

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A dynamic, fragmented painting in shades of blue, grey, and black depicting a pair of handcuffed hands, conveying the denial of due process and liberty for detained migrants.A fractured, abstract painting captures the plight of migrants denied due process in detention centers.El Paso Today

Two nonprofits have filed a class action lawsuit in federal court on behalf of detained migrants who claim their constitutional rights have been violated by the Trump administration's policy that has all but eliminated asylum bond hearings. The lawsuit alleges that detention without a bond hearing is unlawful and violates the migrants' Fifth Amendment due process rights.

Why it matters

This lawsuit highlights ongoing concerns over the Trump administration's hardline immigration policies, which critics say have eroded due process protections for migrants seeking asylum. The case could have far-reaching implications for the rights of detained immigrants across the country.

The details

The complaint was filed in the Western District of Texas by the Texas Civil Rights Project and RAICES on behalf of three migrants detained in El Paso and Pearsall, Texas. The lawsuit names multiple federal government defendants, including the Homeland Security Secretary and officials from ICE, the Department of Justice, and the Executive Office for Immigration Review. It alleges that the administration has 'abruptly and unlawfully reversed decades of settled immigration practice to deny immigration bond hearings to thousands of noncitizens'.

  • In March 2026, just 326 immigrants were released on bond, down from over 2,400 a month a year ago.
  • In January, Chief Immigration Judge Teresa Riley told other immigration judges they are not bound by a federal court ruling that the Trump administration cannot place thousands in mandatory detention without bond.
  • On Feb. 6, the 5th Circuit Appeals upheld the elimination of bond hearings for most detained immigrants in Texas and Louisiana.

The players

Texas Civil Rights Project

A nonprofit organization that filed the class action lawsuit on behalf of the detained migrants.

RAICES

A nonprofit organization that co-filed the class action lawsuit.

Markwayne Mullin

The Homeland Security Secretary named as a defendant in the lawsuit.

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What they’re saying

“The right to due process is enshrined in the Constitution for all, not just when it's convenient, but always. The petitioners in this case have been denied fair, individualized hearings, subjecting them to continued detention without another method of appeal.”

— Danny Woodward, Texas Civil Rights Project lawyer

“Punishing families who are legally seeking protection isn't just a failure of our ideals — it's a 'flesh-for-cash' business that enriches private corporations at the expense of our democracy.”

— Javier Hidalgo, RAICES public affairs director

What’s next

The case is currently pending in the Western District of Texas federal court.

The takeaway

This lawsuit underscores the ongoing legal battles over the Trump administration's restrictive immigration policies and the fight to preserve due process rights for detained migrants seeking asylum in the United States.