09/02/2026
A recent federal court ruling could change what happens after prolonged ICE detention, but the legal battle is not over.
A panel of the U.S. Court of Appeals for the Fifth Circuit recently ruled that certain immigrants generally should receive an opportunity for a bond hearing if they remain detained for more than 90 days under a specific mandatory detention policy. The court found that prolonged detention without an opportunity to seek release may violate constitutional due process protections. However, the full Fifth Circuit has agreed to rehear the case, meaning the panel's decision is not yet the final word.
If you or a loved one is being held in ICE custody, do not assume detention means there are no legal options. Eligibility for a bond hearing or other forms of relief depends on the specific immigration laws that apply to your case, your detention status, and your immigration history.
Immigration law continues to change through court decisions, and every case deserves an individualized legal review.
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