5th Circuit En Banc Vacates Panel Ruling, Reinstates Mandatory No-Bond Detention

Eight days after a 5th Circuit three-judge panel ruled 2-1 on July 2 (2026-07-02–fifth-circuit-90-day-bond-hearing-mandatory-detention-ruling) that ICE cannot hold immigrants more than 90 days without a bond hearing, the full 5th Circuit voted en banc on July 10 to rehear the case — vacating the panel ruling and restoring the no-bond mandatory detention policy pending rehearing. The reversal removes the primary near-term legal ceiling on detention duration across a record detention population that had reached roughly 63,000 people. Oral argument before the full court is set for September 2026.

This is a distinct procedural stage from the July 2 panel ruling, not a duplicate — the panel win was vacated within a week and mandatory no-bond detention is now the operative policy in the circuit while rehearing proceeds. The reversal also directly underwrites the detention-capacity economics of contracts like GEO Group’s Rivers Correctional reopening (2026-07-24–ice-plans-1400-bed-rivers-correctional-hertford-nc), which depend on sustained long-duration occupancy.