11th Circuit Rejects Trump No-Bond Detention Policy, Deepening 4-Way Circuit Split Toward SCOTUS

A panel of the 11th U.S. Circuit Court of Appeals ruled on May 7-8, 2026 that DHS’s mandatory no-bond detention policy — applied to virtually all ICE detainees regardless of criminal history — exceeds the authority granted by Congress, becoming the second appellate court to reject it. The policy stems from a July 2025 DHS memo reinterpreting the mandatory-detention statute to eliminate bond hearings for broad categories of noncitizens previously entitled to them.

The ruling deepens a four-circuit split: the 2nd Circuit (April 28, 2026, see event 2026-04-28--second-circuit-rules-ice-mandatory-detention-policy-illegal) and now the 11th Circuit have ruled against the policy; the 5th and 8th Circuits have upheld it. A 7th Circuit panel simultaneously split three ways. The administration’s strategy — holding detainees without bond hearings to coerce voluntary departures (see event 2026-05-08--washington-post-80000-voluntary-departure-orders) — now faces a near-certain SCOTUS petition. With the circuit landscape fractured, the Supreme Court is likely to grant certiorari, making this a structural inflection point for the entire immigration detention system. The 11th Circuit ruling covers Georgia, Florida, and Alabama — three states with major ICE detention infrastructure.