5th Circuit Upholds Policy That Illegal Immigrants Can Be Detained Without Bond

The judges ruled that such individuals qualify as ‘applicants for admission’ under federal immigration law, subjecting them to mandatory detention under law.
5th Circuit Upholds Policy That Illegal Immigrants Can Be Detained Without Bond
President President Donald Trump (2L), Florida Gov. Ron DeSantis (L), and Secretary of Homeland Security Kristi Noem (R) tour a detention center for illegal immigrants, dubbed Alligator Alcatraz, located at the site of the Dade-Collier Training and Transition Airport in Ochopee, Fla., on July 1, 2025. Andrew Caballero-Reynolds/AFP via Getty Images
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A federal appeals court has sided with the Trump administration in upholding a policy that mandates detention without bond hearings for illegal immigrants in the United States who entered without inspection.

In a 2–1 decision issued on Feb. 6, the New Orleans-based Fifth U.S. Circuit Court of Appeals reversed lower court rulings that had granted habeas petitions to two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias. The panel determined that such individuals qualify as “applicants for admission” under federal immigration law, subjecting them to mandatory detention under 8 U.S.C. Section 1225(b) rather than discretionary release options available under Section 1226(a).
Kimberly Hayek
Kimberly Hayek
Author
Kimberly Hayek is a reporter for The Epoch Times. She covers California news and has worked as an editor and on scene at the U.S.-Mexico border during the 2018 migrant caravan crisis.