The 8th U.S. Circuit Court of Appeals handed the Trump administration a significant victory on Wednesday by upholding its policy of mandatory detention without bond for immigrants present in the country without legal admission.
In a 2-1 decision in the case of Joaquin Herrera Avila v. Pamela Bondi, et al. (No. 25-3248), the St. Louis-based court reversed a Minnesota district judge's order for a bond hearing for Herrera Avila, a Mexican national who had lived in the U.S. for nearly 20 years after entering illegally. Herrera Avila was arrested during a traffic stop in Minneapolis on August 29, 2025, and had a prior DUI conviction.
Circuit Judge Bobby Shepherd, a George W. Bush appointee, wrote the majority opinion, joined by Trump appointee L. Steven Grasz. They held that under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), specifically 8 U.S.C. § 1225(b)(2)(A), unadmitted aliens are "applicants for admission" subject to mandatory detention, regardless of how long they have resided in the U.S. Trump appointee Ralph Erickson dissented, arguing the statute applies only to those actively seeking entry at the border, consistent with interpretations by five prior administrations.
The policy, rolled out by Immigration and Customs Enforcement acting director Todd Lyons in July 2025, reinterprets the 1996 law to expand interior enforcement beyond recent border crossers. It has fueled operations like "Operation Metro Surge" in Minnesota's Twin Cities, leading to thousands of arrests and over 1,000 habeas petitions challenging detentions.
This marks the second appeals court endorsement, following a similar 2-1 ruling by the 5th Circuit in February 2026. Yet hundreds of district judges across 40 states have rejected the policy in more than 5,000 cases, often citing due process concerns.
Attorney General Pam Bondi celebrated the decision on social media as a "MASSIVE COURT VICTORY against activist judges and for President Trump’s law and order agenda." ACLU attorney Michael Tan said his team is evaluating next steps, while University of Minnesota law clinic director Nadia Anguiano warned it risks jailing millions without due process hearings, though Fifth Amendment rights persist.
The ruling binds courts in seven states, including Minnesota, bolstering deportations by limiting bond releases. Advocates may seek rehearing or Supreme Court review, as due process challenges continue in lower courts.
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