Trump administration cannot hold migrants without bond hearings past 90 days, court rules
A U.S. appeals court has ruled that the Trump administration cannot hold migrants in mandatory detention for longer than 90 days without providing a bond hearing. The 2-1 decision emphasizes that the Fifth Amendment's due process protections apply to all individuals within U.S. borders, regardless of their immigration status.
Why it matters
This ruling challenges the administration's policy of classifying long-term non-citizen residents as 'applicants for admission,' potentially impacting thousands of detainees and setting the stage for a Supreme Court review.
U.S. Immigration and Customs Enforcement cannot detain people for more than 90 days under the Trump administration’s mass detention policy without providing them a chance to be released on bond, a divided U.S. appeals court ruled on Thursday (July 2, 2026).
The article provides a balanced account of the court's decision, including the majority opinion's constitutional reasoning and the dissenting judge's argument regarding congressional authority.
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