Sunday, February 8, 2026

Fifth Circuit Upholds Policy That Illegal Immigrants Can Be Detained Without Bond

Fifth Circuit Upholds Policy That Illegal Immigrants Can Be Detained Without Bond

BY TYLER DURDEN
SATURDAY, FEB 07, 2026 - 06:00 PM

Authored by Kimberly Hayek via The Epoch Times (emphasis ours),

A federal appeals court has sided with the Trump administration in upholding a policy that mandates detention without bond hearings for illegal immigrants in the United States who entered without inspection.

President President Donald Trump (2L), Florida Gov. Ron DeSantis (L), and Secretary of Homeland Security Kristi Noem (R) tour a detention center for illegal immigrants, dubbed Alligator Alcatraz, located at the site of the Dade-Collier Training and Transition Airport in Ochopee, Fla., on July 1, 2025. Andrew Caballero-Reynolds/AFP via Getty Images

In a 2–1 decision issued Feb. 6, the New Orleans-based Fifth U.S. Circuit Court of Appeals reversed lower court rulings that had granted habeas petitions to two Mexican nationals, Victor Buenrostro-Mendez and Jose Padron Covarrubias. The panel determined that such individuals qualify as “applicants for admission” under federal immigration law, subjecting them to mandatory detention under 8 U.S.C. § 1225(b) rather than discretionary release options available under § 1226(a).


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