On Friday, the 5th U.S. Circuit Court of Appeals issued a 2-1 ruling that the Department of Homeland Security (DHS) may lawfully deny bond hearings to illegal immigrants arrested across the country. The decision affirms that federal law and the Constitution permit mass detention as part of the administration’s immigration enforcement strategy.

Attorney General Pam Bondi praised the ruling as a “crucial legal victory” for the Department of Justice and President Donald Trump’s immigration agenda. In a post on X, Bondi said the decision strikes back at “activist judges who have been undermining our efforts to make America safe again at every turn” and acknowledged the work of attorneys Ben Hayes and Brett Shumate in defending the policy.

Circuit Judge Edith H. Jones, writing for the majority, emphasized that “unadmitted aliens apprehended anywhere in the United States are ineligible for release on bond, regardless of how long they have resided inside the United States.” She noted that previous administrations may have used more limited enforcement authority, but that did not restrict the federal government from applying the law more broadly.

Historically, many illegal immigrants arrested away from the border could request bond hearings, and those without criminal records who were not deemed flight risks were often granted release. The ruling changes that standard, allowing DHS to detain individuals without the option of bond.

Circuit Judge Dana M. Douglas dissented, warning that members of Congress who passed the Immigration and Nationality Act decades ago “would be surprised to learn it had also required the detention without bond of two million people.” Douglas also highlighted that some of those detained are family members of U.S. citizens, including spouses, parents, and grandparents.

The case originated from two lawsuits filed last year by Mexican nationals who had lived in the U.S. for over a decade and had no criminal records. Both were detained for months before a Texas lower court granted them bond last October.

The 5th Circuit ruling reinforces the Trump administration’s authority to apply strict detention policies and underscores the legal backing for broader enforcement measures for illegal immigration.