Appeals Court Ruling Expands Immigrant Detention in Texas

Decision allows ICE to hold unauthorized immigrants without bond, raising concerns over worsening conditions in detention facilities

Published on Feb. 9, 2026

Got story updates? Submit your updates here. ›

A federal appeals court decision on Friday upheld the Trump administration's practice of holding unauthorized immigrants in mandatory detention until their removal proceedings conclude. The ruling, which applies to the 5th Circuit covering Texas, Louisiana, and Mississippi, is expected to lead to a surge in immigrant detentions in Texas, which already has the most detention facilities and detainees in the country.

Why it matters

The appeals court decision overturns decades of policy allowing unauthorized immigrants to request bond hearings, even if they have no criminal history. This will likely fuel ICE's push to transfer more immigrants to detention facilities in Texas, which are already facing overcrowding, substandard medical care, and other inhumane conditions according to advocacy groups.

The details

The 2-1 appeals court ruling applies to immigrants arrested both inside and outside of Texas, allowing ICE to hold them in detention centers in the state until their removal proceedings conclude. Legal experts say the government could transfer immigrants detained elsewhere to Texas before they have a chance to file for release in federal court. Texas currently has about 30 detention facilities holding over 18,600 immigrants, more than twice the number in the second-ranked state of Louisiana.

  • The appeals court decision was handed down on Friday, February 9, 2026.
  • As of late January 2026, there were about 71,000 immigrants detained nationwide, up nearly 80% from when Trump took office a year earlier.

The players

Ruby Powers

A Houston-based immigration attorney and the secretary of the Texas chapter of the American Immigration Lawyers Association.

Aaron Reichlin-Melnick

A senior fellow at the American Immigration Council who has analyzed conditions in ICE detention facilities.

Stephen Vladek

A law professor at Georgetown University Law Center and former professor at the University of Texas School of Law.

Got photos? Submit your photos here. ›

What they’re saying

“I think there's a rush to detain, we know that. But there's also a rush to move people to Texas. That would be (the administration's) play.”

— Ruby Powers, Immigration attorney (Houston Chronicle)

“Inside ICE detention itself, the conditions that have resulted from this rapid expansion for those caught up in the detention system have increasingly worsened and become more inhumane.”

— Aaron Reichlin-Melnick, Senior fellow, American Immigration Council (Houston Chronicle)

“There's a reason why district judges from across the ideological spectrum, including plenty of dyed-in-the-wool conservative stalwarts, have rejected the Trump administration's position in these cases.”

— Stephen Vladek, Law professor (Houston Chronicle)

What’s next

The plaintiffs in the case are expected to either ask the entire 5th Circuit court to rehear the case or petition the U.S. Supreme Court to consider it.

The takeaway

This appeals court ruling is likely to exacerbate the already dire conditions in immigration detention facilities in Texas, which are facing overcrowding, substandard medical care, and other inhumane issues. The decision represents a significant expansion of the administration's ability to detain unauthorized immigrants, even those with no criminal history, raising concerns about the human rights implications.