A federal appeals court has delivered a constitutional setback to the Trump administration’s immigration enforcement strategy, ruling that the government cannot hold certain migrants indefinitely without giving them a chance to seek release before a judge.

Ninety-Day Deadline Imposed

The Fifth Circuit Court of Appeals in New Orleans ruled 2-1 that Immigration and Customs Enforcement must provide bond hearings within 90 days for migrants detained under a 2025 Department of Homeland Security policy. Circuit Judge Leslie Southwick wrote that the Constitution’s due process guarantee extends to long-term residents living in the United States, even those who entered unlawfully and were never formally admitted. The decision could affect thousands of migrants currently detained in Texas, Louisiana, and Mississippi.

Trump administration suffers blow after an appeals court rules ICE cannot detain migrants beyond 90 days without a bond hearing. https://t.co/xPPd8lCN43

— Newsweek (@Newsweek) July 3, 2026

The case centered on three fathers of American citizen children—two from Mexico and one from Honduras—who had each lived in the United States for over a decade without criminal records. ICE detained them following traffic stops in Texas. The court noted these individuals would have faced unreasonable detention periods without judicial intervention, emphasizing that the government must provide individualized hearings explaining why continued detention remains necessary after 90 days.

Clash Over Mandatory Detention Authority

The ruling arrives as immigration detention has become central to the administration’s enforcement agenda. Federal agents made approximately 10,000 immigration arrests during a five-day period in June as part of an expanded crackdown. ICE has increased both arrests nationwide and detention capacity, with officials arguing that mandatory detention ensures migrants appear for proceedings and can be removed if ordered deported.

The decision addresses a constitutional question left unresolved by an earlier Fifth Circuit ruling in February, which upheld the administration’s interpretation that migrants who entered without inspection remain subject to mandatory detention. Immigration judges across the country began ordering mandatory detention after the Board of Immigration Appeals endorsed that interpretation, prompting the Trump administration to ask the Supreme Court to resolve the legal dispute.

Constitutional Limits On Immigration Power

The court stopped short of striking down the detention statute itself. Instead, judges established that Supreme Court precedent makes clear that due process protections apply to people who have established significant ties inside the United States. The ruling requires the government to explain at individualized hearings why continued detention is necessary, considering factors such as danger to the community or flight risk. This constitutional framework limits federal immigration enforcement authority even as the administration seeks to expand detention operations nationwide.