5th Circuit Rules in Favor of ICE's Indefinite Detention Policy

The ruling is a major win for the Trump administration's immigration agenda.

Published on Feb. 7, 2026

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The U.S. Court of Appeals for the 5th Circuit has ruled in favor of the Trump administration's policy that allows Immigration and Customs Enforcement (ICE) to indefinitely detain certain immigrants without bond. The policy applies to immigrants who entered the country without "inspection" and is based on a long-standing section of the Immigration and Nationality Act. The ruling overturns decisions by over 360 district court judges, including many appointed by Trump, who had previously rejected ICE's position on its detention authority.

Why it matters

This ruling is a significant victory for the Trump administration's hardline immigration agenda, as it allows ICE to detain immigrants indefinitely without the possibility of bond, even if they are not actively seeking to enter the U.S. The dissenting judge warned that this could lead to the detention of millions of noncitizens in the interior of the U.S., a dramatic departure from past practice.

The details

The disputed policy is based on a section of the Immigration and Nationality Act that says certain immigrants "shall be detained for a proceeding." Historically, this has only applied to immigrants stopped at the border. However, the Trump administration has now applied this to immigrants already present in the U.S., arguing they are "seeking admission" and therefore subject to mandatory detention. Advocates for immigrants have argued these individuals should be eligible for parole under a different statute, but the 5th Circuit majority rejected this, likening it to a college applicant seeking admission.

  • On July 8, 2026, ICE issued the new policy instructing agents to deny bond for anyone who entered the country without "inspection".
  • Over the past several months, district courts have considered the interplay between the two statutes outlining the government's detention authority.

The players

Donald Trump

The former president whose administration implemented the hardline immigration policies that led to this ruling.

Edith Jones

The Ronald Reagan-appointed circuit judge who wrote the majority opinion in the 5th Circuit ruling.

Kyle Duncan

The Donald Trump-appointed circuit judge who joined the majority opinion.

Dana M. Douglas

The Joe Biden-appointed circuit judge who wrote the dissenting opinion.

Todd M. Lyons

The acting ICE director who penned the memo outlining the new detention policy.

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What they’re saying

“The majority and the government distort the statutory text, abstract it from its context and history, ignore the Supreme Court's clearly stated understanding of the statutory scheme, and wave away the agency's previous failure to detain millions of noncitizens as if it were a rounding error.”

— Dana M. Douglas, Circuit Judge (Law&Crime)

“Just as an applicant to a college seeks admission, an applicant for admission to the United States is 'seeking admission' to the same, regardless whether the person actively engages in further affirmative acts to gain admission.”

— Edith Jones, Circuit Judge (Law&Crime)

What’s next

The ruling is expected to be appealed, potentially setting up a Supreme Court showdown over the administration's immigration detention policies.

The takeaway

This decision represents a major victory for the Trump administration's hardline immigration agenda, allowing ICE to detain certain immigrants indefinitely without the possibility of bond. The ruling departs significantly from past practice and could lead to the detention of millions of noncitizens, according to the dissenting judge.