Appeals court finds illegal aliens have no right to bond hearings

The matter may reach the Supreme Court, but the Friday decision represents a considerable win for the administration.

Published: October 23, 2026 1:13pm

The Fifth Circuit Court of Appeals on Friday issued an opinion finding that illegal aliens are not entitled to a bond hearing under the Constitution, regardless of how long they remain in custody.

The decision is a significant win for President Donald Trump's mass deportation agenda, as it defeats one of the more pervasive challenges to keeping illegal aliens in custody pending deportation.

"Petitioners, having never been lawfully admitted to the country, are not entitled to additional process concerning their admission beyond what Congress provided in § 1225(b)(2)(A)," the majority wrote. "Even assuming they were, procedural due process would not entitle them to a bond hearing to assess dangerousness or flight risk, factors that are immaterial to Petitioners’ detention under § 1225(b)(2)(A)."

"Further, the duration of Petitioners’ detention presents no constitutional defect requiring habeas relief to correct it," they added.

That section reads as follows:

Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.

The matter may reach the Supreme Court, but the Friday decision represents a considerable win for the administration.

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.

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