Trump scores win after appeals court rules migrants have no Constitutional right to bond hearing

Washington DC - A federal appeals court on Friday ruled that migrants detained by President Donald Trump's administration had no Constitutional right to seek a bond hearing.

Federal agents walk near the scene where a man was shot by an Immigration and Customs Enforcement (ICE) officer during an operation in the Bronx borough of New York on October 8, 2026. On Friday, a federal appeals court ruled that migrants detained in President Donald Trump's crackdown had no Constitutional right to a bond hearing.   © CHARLY TRIBALLEAU / AFP

The 5th Circuit Court of Appeals – which represents Louisiana, Mississippi, and Texas – ruled in a 10-7 decision to side with the administration's argument that federal law allowed it to indefinitely detain undocumented immigrants, even in cases where the individual has no criminal record, has been tied up in the immigration process, and has lived and worked in the US for some time.

The new policy will do away with giving migrants the opportunity to plead to a judge for their release by proving they are not a flight risk or a danger to the public.

In his second term, President Trump has waged an aggressive immigration agenda, which has included sending federal agents to Democrat-run cities to carry out deportation sweeps.

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Their efforts have been rejected in courts across the US, while appeals courts have been more torn.

According to Politico, the administration's immediate detention policy has been rejected by more than 460 district court judges appointed by all modern presidents and nine of the 11 appeals court circuits that have considered it.

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Friday's ruling makes it more likely that the Supreme Court – which has already agreed to consider the issue – may do so sooner than later.