02/07/2026
Awful news for any noncitizen detained in Texas, Louisiana, or Mississippi if they arrived in the U.S. without lawful admission. The Fifth Circuit Court of Appeals sided with the government this Friday, holding that illegal entrants are subject to mandatory detention. Aghast, the dissenting member of the three-judge panel wrote this: "The Congress that passed IIRIRA would be surprised to learn it had also required the detention without bond of two million people. For almost thirty years there was no sign anyone thought it had done so, and nothing in the congressional record or the history of the statute’s enforcement suggests that it did. Nonetheless, the government today asserts the authority and mandate to detain millions of noncitizens in the interior, some of them present here for decades, on the same terms as if they were apprehended at the border.... The overwhelming majority of courts... have recognized that the government’s position is totally unsupported. Undeterred, the majority and the government distort the statutory text, abstract it from its context and history, ignore the Supreme Court’s clearly stated understanding of the statutory scheme, and wave away the agency’s previous failure to detain millions of noncitizens as if it were a rounding error."
A divided federal appeals court upheld on Friday the Trump administration's policy of placing people arrested in its immigration crackdown in mandatory detention without an opportunity to be released on bond.