09/01/2026
Twenty years here. No record. Citizen kids. ICE picks you up and tells you there is no bond hearing. Not denied. You do not get one at all.
That is a policy this administration started in the middle of last year. The theory is that if you entered without inspection, you are an applicant for admission forever, even twenty years later, so your detention is mandatory and no judge ever sets a bond.
On August 28 the Third Circuit rejected it on both grounds. The case is Buele Morocho. The court held the mandatory detention statute does not reach people arrested in the interior, and that locking them up with no bond hearing violates due process. You get a hearing, and the government has to prove you are a danger or a flight risk. Not the other way around.
That makes eight federal appeals courts against this policy. Two are for it. And one of those two is the Fifth Circuit, which covers Louisiana, Texas and Mississippi, which is exactly where so many detained people get sent.
This is going to the Supreme Court. Petitions are already pending and the Justices are back in conference at the end of September. Comment BOND and I will post the day they take it.