5th Circuit Rules Due Process Requires Bond Hearings After 90 Days in ICE Detention, Deepening Circuit Split

A 2-1 Fifth Circuit panel ruled July 2, 2026 that the Due Process Clause prohibits mandatory civil immigration detention beyond 90 days without an individualized bond hearing, binding ICE in Texas, Louisiana, and Mississippi. The case arose from three long-term U.S. residents — each present 14+ years — arrested at traffic stops; a Trump-appointed judge dissented. DOJ is expected to seek en banc review or Supreme Court certiorari. The ruling directly constrains the record-high 63,000-person detention population and the IGSA billing pipeline by limiting how long counties can charge ICE per bed without individualized review, and sits in direct tension with an ICE memo eliminating bond hearings for applicants for admission.

The ruling joins and deepens a four-circuit split — the 2nd Circuit (2026-04-28–second-circuit-rules-ice-mandatory-detention-policy-illegal) and 11th Circuit (2026-05-08–eleventh-circuit-rejects-trump-no-bond-detention-policy-circuit-split) rejected Trump’s no-bond policy, while SCOTUS has already granted cert in the related Genalo v. Black on prolonged detention (2026-06-15–scotus-cert-genalo-v-black-prolonged-immigration-detention-bond) — formally teeing up a Supreme Court resolution. Separately and concurrently, ICE agents arrested five people at New York City immigration courthouses in direct defiance of two federal judges’ restraining orders, with DOJ moving to seal the operational basis for those arrests rather than defend them in open court — a pattern of open judicial defiance running parallel to, not resolved by, this circuit-level bond-hearing win.