Illegal aliens detained under Congressionally enacted law are not entitled to a bond hearing under the Fifth Amendment.

Huge immigration enforcement win for President Trump before the full Fifth Circuit (10-7): Illegal aliens detained under Congressionally enacted law are not entitled to a bond hearing under the Fifth Amendment. Huge win for the administration in their law enforcement efforts

"A nation ceases to be a nation if it can’t protect its borders." Judge Ho joins the opinion in full and writes separately. "[I]llegal aliens have not only a de facto constitutional right to remain in our country unlawfully, but an incentive to make this their home."

Judge Oldham also concurs. He writes "separately to clear up some confusion about the privilege of habeas corpus, the right to due process, and the aliens who clandestinely enter our country. With greatest respect to [the] dissent[s], [their] objections are deeply ahistorical."

Judge Richman concurs too. She agrees with several of the majority's major premises, but decides the case on narrower grounds.

The highly respected Judge Southwick writes the lead dissent. He explains that the constitutional issue may be less significant if the Fifth Circuit erred on the statutory argument, and that it now errs again. He believes the illegal aliens have liberty interests violated here.

Judge Haynes dissents, and largely agrees with Judge Southwick. But she would limit the analysis to " people like Petitioners—individuals who have resided in this country for more than ten years, have no criminal history, and have close American relatives."

Judge Douglas also dissents, as the lead Democrat-appointee dissent. "Following the Government’s lead, the majority opinion detonates the core of the Due Process Clause ... " She too notes the minority position of the majority (albeit for now, as the Supreme Court may hear it)

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Article from Bloomberg News:

“The full Fifth Circuit again upheld the Trump administration’s policy of mandatory detention for noncitizens, saying in a split decision Friday that constitutional due process protections didn’t entitle three migrant men to bond hearings in immigration court.

Furthermore, the length of their stay in immigration detention “presented no constitutional issues” warranting their release, wrote Judge Cory Wilson in an opinionjoined by eight of his colleagues. A ninth, Judge Priscilla Richman, concurred with the result of the opinion but not its legal reasoning.

Seven judges, all appointed by Democrats or Republican president George W. Bush, dissented.

While the petitioners have Fifth Amendment protections, they haven’t been admitted to the US and so “due process does not entitle them to additional proceedings beyond what Congress has provided before they may be detained pending removal,” Wilson wrote.

The Fifth Circuit has already found there’s no statutory right to a bond hearing in such cases. Congress has significant power over immigration issues and is free to make rules for noncitizens that wouldn’t be acceptable for citizens, Wilson wrote.

Last year, in a departure from nearly three decades of practice, the Trump administration began to classify noncitizens who have long lived within US borders as “seeking admission,” the same as noncitizens who’d just entered the country — a legal interpretation that denied them bond hearings.

The decision helped spark a flood of immigrant habeas corpus petitions in which noncitizens argued they were being illegally detained.

A Fifth Circuit panel upheld the Trump policy in February as a matter of statutory interpretation. Some lower court judges in the circuit continued to grant release on habeas petitions as a matter of due process.

When the government challenged those grants at the Fifth Circuit, a panel agreed that due process required bond hearings. But the en banc court threw out that decision not long afterward and agreed to hear the due process arguments as a full court.

During oral arguments Sept. 24, conservative judges were extremely skeptical of the noncitizens’ claims.

Noncitizen petitioners are represented by National Immigration Project, American Immigration Council, and Garza & Narvaez PLLC.

The case is Sosnava Rodriguez v. Ortega, 5th Cir., No. 26-50183, opinion 10/23/26.”

https://news.bloomberglaw.com/privacy-and-data-security/full-fifth-circuit-upholds-trumps-migrant-detention-policy

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