Fifth Circuit bars ICE from detaining migrants 90 days

A federal appeals court ruled on Thursday, July 2, 2026, that U.S. Immigration and Customs Enforcement cannot detain immigrants for more than 90 days without providing them an opportunity to seek release on bond. The 2-1 decision by the Fifth U.S. Circuit Court of Appeals in New Orleans represents a significant legal setback for a Trump administration policy that has mandated detention for thousands of noncitizens pending deportation proceedings.

The ruling applies to states within the court's jurisdiction, including Texas and Louisiana, and could affect thousands of cases. It centers on the constitutional due process rights of individuals who are already living in the United States when they are detained, rather than those newly arriving at the border.

Writing for the majority, U.S. Circuit Judge Leslie Southwick stated that the Fifth Amendment's due process clause protects everyone within the country's boundaries. The court held that the government must hold a bond hearing within 90 days of detention and must articulate an individualized justification, such as proving the detainee is a danger or a flight risk, for any continued detention without bond.